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Dec 144 min read

How Does A Discrepancy Between A Spouse's Legal Age And Other Documents Affect The Validity Of A Marriage

Marriage Is The Final Goal Of Any Relationship And It Is Truly A Boon For Two Souls To Reach That Destination Wherein They Can Finally Get Hitched And Indulge With Each Other In A Blissful Marriage. Indeed, It Is A Long And Arduous Journey From Being In Love To Being Happily Wedded Together But It Is For Sure That The Journey Is One Beautiful Experience That Almost All Couples Wish To Behold And Ensure. There Are Certain Requirements For Valid Marriage. One Of The Requirements Is That The Couple Should Be Of Legal Age To Marry.



Understanding Legal Age Is Important And Necessary To Understand The Relevance Of These Differences. Every Indian State Has Its Own Legal System. However, The Special Marriage Act As Well As The Hindu Marriage Act Clearly Defines The Minimum Marriageable Ages In The Legal Spheres. These Laws Are Drafted To Ensure That The Two Individuals Are Mature Enough Before They Make A Decision.


Legal Provisions


The Laws Of India Set Other Minimal Age Requirements To Marry Depending On One's Gender.

  • Hindu Marriage Act, 1955: The Bride's Minimum Age Is 18 Years, And The Groom's Minimum Age Is 21 Years.

  • Special Marriage Act, 1954: Similarly Prescribes The Same Minimum Ages.

  • Prohibition Of Child Marriage Act, 2006: This Law Further Prevents Child Marriages And Reinforces Legal Minimum Ages.


To Register A Marriage In India, Some Documents Are Required, Including:


  • Birth Certificate

  • School Leaving Certificate

  • Passport


Age Proof Is Necessary Because Disputes May Bring A Question Of The Validity Of The Marriage. If It Is Not Documented Properly, Marriages Can Be Considered Illegal And Cause Many Problems. Marrying Below The Legal Age Has Severe Consequences. The Marriage Can Be Declared Invalid, And The Responsible Parties Face Legal Jeopardy. This Is A Serious Matter And Must Be Followed To Avoid Dire Consequences.


Types Of Age Discrepancy


  • Types Of Age Discrepancies Include Differences In Birth Certificates. Birth Certificates Are One Major Source Of Age Disparities. Reasons Include:


1. Late Registration.

2. Mistakes During Recording.


According To Unicef (2022), 20% Of India's Children Are Not Registered At Birth. Given This Number Of Unregistered Births, The Possibility Of Errors Is Far-Reaching.


  • Difference Between The Birth Certificates And Other Documents: Sometimes A Birth Certificate Might Not Match Other Documents Like School Records Or Passport. An Example Is The Age Discrepancy, Which May Come In Two Ways:


1. Different Issuing Authority

2. Different Standards.

3. Errors In Document Preparation


  • Falsification Of Age: Some Individuals Actively Lie About Their Ages In Weddings. This Is Illegal And, If Caught, Can Result In Prison.


Impact Of Age Discrepancy On Validity Of Marriage


  • Legal Challenges To Marriage: Age Discrepancy May Lead To Legal Battles. It Opens The Legal Doors To Challenge The Legitimacy Of A Marriage. This Is Based On Issues Of Consent And Maturity.

  • Reasons For Annulment: Annulment Of The Marriage Is Possible Under Various Conditions, Such As Age Variation. Hindu Marriage Act Provides That There Can Be Annulment Of The Marriage If The Age Of One Spouse Was Below The Legal Age Of Marriage At The Time Of Marrying.

  • Potential For Criminal Charges: Under The Prohibition Of Child Marriage Act, 2006, Underage Marriage Can Be Considered As An Offense. Imprisonment And Fines, Or Both, Will Be Imposed Upon Persons Who Assist In Such A Marriage. If A Party Misrepresents The Age To Obtain Consent From Another Party, That Can Be Fraud. The Marriages Under Section 83 Of The Bns Code Result In Criminal Charges And Annulment.


How To Resolve Age Discrepancy


  • Addressing Discrepancies In Documentation: Individuals Can Correct Mistakes In Birth Certificates Through A Formal Process. This Normally Entails Submitting An Application To The Local Municipal Authorities And Accompanying Supporting Documentation, Such As Educational Records. 

  • Legal Remedies And Appeals: Individuals Can Fix Errors On Birth Certificates Via A Formal Method. Normally, This Includes Applying To The Local Municipal Authorities Together With Supporting Evidence, Such As Schooling Records.

  •  Consult A Specialist: It Is Very Important To Consult A Solicitor Specializing In Family Law. A Lawyer Can Guide You Through Complex Legal Problems And Help Secure Marital R

  • A Traditional Outlook In Many Parts Of India Will Dictate That Older Men Marry Younger Women. This Can Be Potent In Societal Pressures; However, Large Age Gaps Can Lead To Compatibility And Acceptance Difficulties Both Within Families And Within Societies.

  • Age Differences In Marriage Registration Pose Significant Challenges To The Validity Of Marriages. Documentation Is Crucial. Any Couple Seeking To Marry In India Should Make Sure That All Of Their Paperwork Matches And Meet The Legal Criteria. The Couple Might Seek Experienced Legal Guidance To Ensure Their Peace Of Mind And Handle Any Complications. This Proactive Approach Will Help To Protect Their Relationships And Rights Legally.


For Any Legal Help, Contact Lead India. We Offer Free Online Legal Consultations And Other Legal Services. On Our Platform, You Can Talk To Experienced Lawyers. You Can Freely Ask Any Legal Question. We Also Provide Solutions To All Your Legal Problems.


Visit Us: — Www.Leadindia.Law

Call Us: +91–8800788535

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