Is Marriage of a Girl Below 18 Illegal in India? Is Such a Marriage Valid?

The legal age of marriage for girls in India is 18 years.
Despite this, child marriages still occur in many parts of the country,
leading to confusion about their legality and validity.

A common question people ask is:
“If a girl is married below 18, is that marriage automatically cancelled?”

The legal answer is more nuanced.

Is Marriage of a Girl Below 18 Illegal in India?

Yes.

Indian law clearly declares marriage of a girl below 18 years of age as illegal.
The minimum age is fixed to protect minors from physical, emotional, and social harm.

Anyone who arranges, promotes, or conducts such a marriage
may face legal consequences.

Is Such a Marriage Automatically Invalid?

This is where most confusion arises.

No.
Even though child marriage is illegal, it is not automatically void.

The law does not treat the marriage as cancelled by default.
Instead, it adopts a protective approach toward the minor.

Who Can Be Punished for Child Marriage?

The focus of the law is on adults who are responsible for the marriage.

Legal action may be taken against:

• Parents or guardians who arranged the marriage
• Relatives or persons who promoted or permitted it
• Any adult involved in conducting the marriage

The law deliberately avoids punishing the minor girl.

Is the Girl Punished Under the Law?

No.

The girl is treated as a person in need of protection, not punishment.

The law recognises that minors usually have little or no control
over decisions related to marriage.

Does the Girl Have the Right to Cancel the Marriage?

Yes.

The law gives the girl the right to cancel the marriage after reaching adulthood.

This means:

• The decision rests with the girl
• No automatic cancellation is forced
• Her consent and choice are prioritised

This approach respects her autonomy once she becomes legally capable.

Why Does the Law Take This Approach?

The law understands that child marriages often happen due to:

• Social pressure
• Family decisions
• Lack of awareness

Punishing the girl or forcibly dissolving the marriage
may cause further harm.

Instead, the law focuses on:

• Protection
• Choice
• Future autonomy

Does the Law Force Immediate Separation?

No.

The law does not aim at forced separation.
Its objective is to ensure that the girl is safe
and has the freedom to decide her future once she attains adulthood.

Key Takeaway

Marriage of a girl below 18 is illegal in India,
but such a marriage is not automatically cancelled.

The law:

• ✔ Punishes responsible adults
• ✔ Protects the minor
• ✔ Gives the girl the right to decide after adulthood

In simple terms, the law prioritises safety, choice, and rights,
not punishment of minors.

This article is written by the academic team at Delhi Law Academy, Jaipur, for general legal awareness.

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