India is one such nation where so many marriages are done with the consent of parents, if not, they just go ahead without asking for the choice of bride and groom and then marry them. This is kinda concerning because we are talking about two human beings here who will be spending the rest of their lives together. But if you are going down the path of love marriage, well, it is true that love marriage is legal in India, even without parents’ consent. Let’s have a look at some specific laws regarding just that for more clarity on the topic, shall we?
What Are The Specific Marriage Laws in India?
In India, sure there are some specific marriage laws that differ between different religions, but they all broadly include one thing the freedom to marry for adults without parental consent. Like, for Hindus, the Hindu Marriage Act of 1955 says that a couple of Hindus can marry if they satisfy some specific conditions like they must be of the legal age of 18 for women and 21 for men and consent without a third party’s influence. Therefore, it does not require parental approval. And just like that, the personal law of Muslims governs Muslim marriages where both men and women have to agree on their wedding, and parental consent is not needed.
And for Christians, there is the Christian Marriage Act of 1872, which again says and lays down the same rules, like the bride and groom don’t need parental approval if they are of legal age, of course. On top of all these very specific laws, there is the Special Marriage Act of 1954, which is the law that allows marriage without converting the religion or without the consent of parents, again, if the bride and groom are of legal age.
The Constitutional Right to Choose Your Partner
So basically in the Indian Constitution, there is this article that protects the individuals’ right to marry by choice. The Article that mentions this is Article 19 which safeguards individual freedom, and Article 21 which strictly mentions the rights to life and personal liberty which are interpreted as the authority to choose a partner, you know?
How to Get Married Without Parental Consent? The Court Marriage!
You see, in India, when people choose to marry through the court, they can do it without parental approval, that’s for sure. And the procedure is pretty simple actually, there are basically two things you need to do. The couple must submit a notice to the marriage officer of the district where at least one of them has been living for the past 30 days. They must also meet the age requirement, like 18 for brides and 21 for grooms. The notice is put out to the public for 30 days before the marriage is completed, so people can object if they wish. If there are no legal objections, then the marriage can go on.
