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Is Love Marriage Illegal Without Parents’ Permission In India?

Let’s clear things up from the get-go. So, No, love marriages are not illegal in India without parents’ permission, only if both partners are of legal age aka adults. But yes, there are a few things you need to consider before you go down that path. Let’s look at what the law says about love marriages in India, and yes, you’ll get to learn about your rights as an Indian citizen in which no one can interfere or stop you from getting married, especially if it is a love marriage. Here we go.


Historical Context Of It All

There has been a lot of talking on social media lately, saying that you need a thumbs-up from the parents before you can marry the person you love, and in fact, some people have even started believing that the top judges in India have made this a new law. But, no, it has not happened. The highest court of the law, the Supreme Court of India, never said that. What it said consistently was, “Love is free.” Choosing your life partner is your right, not something for which you seek your parents’ approval or permission.

The Rules That Support Choosing Your Partner

1. The Constitution of India and Your Rights

Our major set of rules in India called the Constitution, includes something called Article 21. This part of the article says that one has the right to live the way one wants to, including choosing one’s own life partner or getting married. The Supreme Court has tried to clear up time and again that grown-ups are free to marry whomever they wish to without seeking their parents’ consent, as it is the boss of all the courts in India. This has actually been stressed in more than a few landmark judicial decisions to remind everyone that what is material in matters of the heart and matrimony is individual preferences.

2. What Some States and Courts Have Said

Once, Gujarat’s government suggested that people might want to get their parents’ approval for love marriages. Some folks didn’t like this idea and took it to court. The High Court in Gujarat decided to pause and think more about it, so it’s not an actual rule at the moment. The Supreme Court, being the highest court, is still seized of the matter.

What’s The Stance Of The Society On This Topic?

The suggestion of making it mandatory to obtain parental approval in love marriages did not find appreciation from many. It seems rather unjust for women that one is suggesting that an adult (or one who just became an adult, like being 18 years of age in India) cannot decide for themselves, especially on big life decisions. Most of them take it to be an attempt by the church to control love and marriage, which is taken from the ideology of love being personal and free. So again, love marriages are perfectly legal in India without parents’ permission, but only if both partners are of legal age. Just remember that.


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