The Special Marriage Act, 1954

{
    "id": 13154,
    "slug": "special-marriage-act-1954",
    "title": "The Special Marriage Act, 1954",
    "short_title": "The Special Marriage Act, 1954",
    "act_number": "(43 of 1954)",
    "act_year": 1954,
    "act_type": "CENTRAL",
    "location": "India (Central)",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Special Marriage Act, 1954",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement",
            "chapter": null,
            "content": "Object & Reasons▼\nStatement of Objects and Reasons\nAmendment Act 32 of 1963-Statement of Objects and Reasons.\nAmendment Act 68 of 1976-Statement of Objects and Reasons.\nAmendment Act of 50 of 2003-Statement of Objects and Reasons.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions",
            "chapter": null,
            "content": "(b) degrees of prohibited relationshipa man and any of the persons mentioned in Part I of the First Schedule and a woman and any of  the persons mentioned in Part II of the said Schedule are within the degrees of  prohibited relationship;\nExplanation I.\n(a) relationship by half or uterine blood as well as by full blood;\n(b) illegitimate blood relationship as well as legitimate;\n(c) relationship by adoption as well as by blood;\nExplanation II.\nExplanation III.\nExplanation IV\n[* * *]\n(d) district, in relation to a Marriage Officer,  means the area for which he is appointed as such under sub-section (1) or sub-section (2) of section 3;\n[(e) district Court means, in any area for which  there is a City Civil Court, that Court, and in any other area, the principal  Civil Court of original jurisdiction and includes any other Civil Court which  may be specified by the State Government by notification in the Official  Gazette as having jurisdiction in respect of the matters dealt with in this Act.]\n(f) prescribed means prescribed by rules made under this Act;\n[(g) State Government, in relation to a Union territory, means the administrator thereof.]",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Marriage  Officers",
            "chapter": null,
            "content": "Chapter II\nSolemnization Of Special  Marriages",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Conditions relating to solemnization of special marriages",
            "chapter": null,
            "content": "(a) neither party has a spouse  living;\n[(b) neither party\n(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or\n(ii) though capable of giving  a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the protection of children; or\n(iii) has been subject to recurrent attacks of insanity [* * *] ; ]\n(c) the male has completed the  age of twenty-one years and the female the age of eighteen years;\n[(d) the parties are not within the degrees of prohibited relationship:\n[(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of   India domiciled in the territories to which this Act extends.]\nExplanation.\n(i) that such rule has been continuously and uniformly observed for a long time among those members;\n(ii) that such rule is certain and not unreasonable or opposed to public policy; and\n(iii) that such rule, if applicable only to a family, has not been discontinued by the family.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Notice of intended marriage",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Marriage  Notice Book and publication",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Objection to marriage",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Procedure  on receipt of objection",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Powers of Marriage Officers in respect of inquiries",
            "chapter": null,
            "content": "(a) summoning and enforcing  the attendance of witnesses and examining them on oath;\n(b) discovery and inspection;\n(c) compelling the production of documents;\n(d) reception of evidence on affidavits; and\n(e) issuing commissions for the examination of witnesses;\nExplanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Procedure on receipt of objection by Marriage Officer abroad",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Declaration by parties and witnesses",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Place and form of solemnization",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Certificate  of marriage",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. New notice when marriage not solemnized within three months",
            "chapter": null,
            "content": "Chapter III\nRegistration Of Marriages Celebrated In Other Forms",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Registration of marriages celebrated in other forms",
            "chapter": null,
            "content": "(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;\n(b) neither party has at the time  of registration more than one spouse living;\n(c) neither party is an idiot or a lunatic at the time of registration;\n(d) the parties have completed  the age of twenty-one years at the time of registration;\n(e) the parties are not within the degrees of prohibited relationship:\n(f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Procedure  for registration",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "16",
            "title": "17. Appeals from orders under section 16",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Effect of registration of marriage under this Chapter",
            "chapter": null,
            "content": "Chapter IV\nConsequences Of Marriage  Under This Act",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Effect of marriage on member of undivided family",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Rights and disabilities not affected by Act",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Succession to property of parties married under Act",
            "chapter": null,
            "content": "[21-A. Special provision in certain cases\nChapter V\nRestitution Of Conjugal  Rights And Judicial Separation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Restitution of conjugal rights",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Judicial separation",
            "chapter": null,
            "content": "(a) on any of the grounds specified [in sub-section (1) [and sub-section (1-A)] of section 27] on which a petition for divorce might have been presented; or\n(b) on the ground of failure  to comply with a decree for restitution of conjugal rights;\nChapter VI\nNullity Of Marriage And  Divorce",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Void marriages",
            "chapter": null,
            "content": "(i) any of the conditions specified in clauses (a), (b), (c) and (d) of  section 4 has not been fulfilled; or\n(ii) the respondent was impotent at the time of the marriage and at the time of the institution of the  suit.\n(i) the references in sub-section (1) to clauses (a), (b), (c) and (d) of section 4,  shall be construed as references to clauses (a) to (d) of section 4 of the Foreign Marriage Act, 1969; and\n(ii) nothing contained in this section shall apply to any marriage\n(a) which is not solemnized  under that Act, i.e. , 33 of 1969; or\n(b) which is deemed to be  solemnized under the said Act by reason of the provisions of section 17 of that Act:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Voidable  marriages",
            "chapter": null,
            "content": "(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the  marriage; or\n(ii) the respondent was at the  time of the marriage pregnant by some person other than the petitioner; or\n(iii) the consent of either party in the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1972):\n(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;\n(b) that proceedings were  instituted within a year from the date of the marriage; and\n(c) that marital intercourse with  the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree:\n(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or\n(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and  wife after the coercion had ceased or, as the case may be, the fraud had been discovered.\n[26. Legitimacy of children of void and voidable marriages",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "27",
            "title": "27. Divorce",
            "chapter": null,
            "content": "[(a) has, after the  solemnization of marriage, had voluntary sexual intercourse with any person other than his or her spouse; or\n(b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]\n(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860).\n[* * *]\n(d) has since the solemnization of the marriage treated the petitioner with cruelty; or\n[(e) has been incurably of  unsound mind, or has been suffering continuously or intermittently from mental  disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.\nExplanation.\n(a) the expression mental  disorder means mental illness, arrested or incomplete development of mind,  psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;\n(b) the expression psychopathic  disorder means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive  or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or is susceptible to medical treatment; or\n(f) has been suffering from venereal disease in a communicable form, or;]\n[***]\n(h) has not been heard of as being alive for a period of seven years or more by those persons who would  naturally have heard of the respondent if the respondent had been alive; [*]\nExplanation.\n[* * *]\n(i) that her husband has,  \n\nsince the solemnization of the marriage, been guilty of rape, sodomy or bestiality,\n(ii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of  1974), (or under the corresponding section 488 of the Code of Criminal  Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding  that she was living apart and that since the passing of such decree or order,  cohabitation between the parties has not been resumed for one year or upwards.]\n(i) that there has been no resumption or cohabitation as between the parties to the marriage for a period  of one year or upwards after passing of a decree for judicial separation in a proceeding to which they were parties; or\n(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of  conjugal rights in a proceeding to which they were parties.]\n[27-A. Alternate relief in divorce proceedings",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "28",
            "title": "28. Divorce  by mutual consent",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "29",
            "title": "29. Restriction on petitions for divorce during first one year after marriage",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "30. Remarriage of divorced persons",
            "chapter": null,
            "content": "Chapter VII\nJurisdiction And Procedure",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "31. Court to which petition should be made",
            "chapter": null,
            "content": "(i) the marriage was solemnized; or\n(ii) the respondent, at the  time of the presentation of the petition, resides; or\n(iii) the parties to the marriage last resided together; or\n[(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the  petition; or]\n(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the  respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "32. Contents and verification of petitions",
            "chapter": null,
            "content": "[33. Proceedings to be in camera and may not be printed or published",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "34",
            "title": "34. Duty of Court in passing decrees",
            "chapter": null,
            "content": "(a) any of the grounds for granting relief exists; and\n(b) [where the petition is founded  on the ground specified in clause (a) of sub-section (1) of section 27,  the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein,] or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and\n(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained by force,  fraud or undue influence; and\n(d) the petition is not presented or prosecuted in collusion with the respondent; and\n(e) there has not been any unnecessary or improper delay in instituting the proceeding; and\n(f) there is no other legal  ground why the relief should not be granted;\n[35. Relief for respondent in divorce and other proceedings",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "36",
            "title": "36. Alimony pendente lite",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "37",
            "title": "37. Permanent alimony and maintenance",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "38",
            "title": "38. Custody of children",
            "chapter": null,
            "content": "[39. Appeals from decrees and orders\n39-A. Enforcement of decrees and orders",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "40",
            "title": "40. Application of Act V of 1908",
            "chapter": null,
            "content": "[40-A. Power to transfer petitions in certain cases\n(a) a petition under this Act 0has been presented to the district Court having jurisdiction by a party to the  marriage praying for a decree for judicial separation under section 23 or for a decree of divorce under section 27, and\n(b) another petition under this Act has been presented thereafter by the other party to the marriage  praying for decree for judicial separation under section 23, or for decree of  divorce under section 27 on any ground whether in the same district Court or in a different district Court, in the same State or in a different State, the petition shall be dealt with as specified in sub-section (2).\n(a) if the petitions are presented to the same district Court, both the petitions shall be tried and  heard together by that district Court;\n(b) if the petitions are presented to different district Courts, the petition presented later shall be  transferred to the district Court in which the earlier petition was presented  and both the petitions shall be heard and disposed of together by the district Court in which the earlier petition was presented.\n40-B. Special provision relating to trial and disposal of petitions under the Act\n40-C. Documentary evidence",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "41",
            "title": "41. Power of High Court to make rules regulating procedure",
            "chapter": null,
            "content": "(a) the impleading by the petitioner of the adulterer as a co-respondent on a petition for divorce on the  ground of adultery, and the circumstances in which the petitioner may be  excused from doing so;\n(b) the awarding of damages against any such co-respondent;\n(c) the intervention in any proceeding under Chapter V or Chapter VI by any person not already a party thereto;\n(d) the form and contends of  petitions for nullity of marriage or for divorce and the payment of costs incurred by parties to such petitions; and\n(e) any other matter for which  no provision or no sufficient provision is made in this Act, and for which  provision is made in the Indian Divorce Act, 1869 (4 of 1869).\nChapter VIII\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "42",
            "title": "42. Saving",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "43",
            "title": "43. Penalty on married person marrying again under this Act",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "44",
            "title": "44. Punishment of bigamy",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "45",
            "title": "45. Penalty for signing false declaration or certificate",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "46",
            "title": "46. Penalty for wrongful action of Marriage Officer",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "47",
            "title": "47. Marriage  Certificate Book to be open to inspection",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "48",
            "title": "48. Transmission of copies of entries in marriage records",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "49",
            "title": "49. Correction of errors",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "50",
            "title": "50. Power to make rules",
            "chapter": null,
            "content": "(a) the duties and powers of  Marriage Officers and the areas in which they may exercise jurisdiction;\n(c) the form and manner in which any books required by or under this Act shall be maintained;\n(d) the fees that may be  levied for the performance of any duty imposed upon a Marriage Officer under this Act;\n(e) the manner in which public  notice shall be given under section 16;\n(f) the form in which, and the  intervals within which, copies of entries in the Marriage Certificate Book shall be sent in pursuance of section 48;\n(g) any other matter which may be or requires to be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "51",
            "title": "51. Repeals and savings",
            "chapter": null,
            "content": "(a) all marriages duly solemnized under the Special Marriage Act, 1872, or any such corresponding law shall be deemed to have been solemnized under this Act;\n(b) all suits and proceedings in causes and matters matrimonial which, when this Act comes into operation, are pending in any Court, shall be dealt with and decided by such Court, so far as may be, as if they had been originally instituted therein under this Act.\nTHE FIRST SCHEDULE\n[See section 2 (b)]\n\"Degrees of Prohibited relationship\"\nPART I\nPART I\nPART II\nPART II\nTHE SECOND SCHEDULE\n(See section 5)\nNOTICE OF INTENDED MARRIAGE\nName Condition Occupation Age Dwelling Place Permanent dwelling place if present dwelling place not permanent Length of residence A.B. Unmarried Widower Divorcee C.D. Unmarried Widow Divorcee\nName\nName\nCondition\nCondition\nOccupation\nOccupation\nAge\nAge\nDwelling Place\nDwelling Place\nPermanent dwelling place if present dwelling place not permanent\nPermanent dwelling place if present dwelling place not permanent\nLength of residence\nLength of residence\nA.B.\nUnmarried\nWidower\nDivorcee\nC.D.\nUnmarried\nWidow\nDivorcee\n(S.d.) A.B.\n(S.d.) C.D.\nTHE THIRD SCHEDULE\n(See section 11)\nDECLARATION TO BE MADE BY THE BRIDEGROOM\n(Sd.) A.B.(the Bridegroom)\nDECLARATION TO BE MADE BY HE BRIDE\n(Sd) C.D.(the Bride)\n(Sd) G.H. Three witness (Sd) I.J. (Sd) K.L. Countersigned E.F., Marriage Officer.\n(Sd) G.H.\n(Sd) I.J.\n(Sd) K.L.\nTHE FOURTH SCHEDULE\n(See Section 13)\nCERTIFICATE OF MARRIAGE\n(Sd) E.F., Marriage Officer for (Sd) A.B., Bridegroom (Sd) C.D., Bride (Sd) G.H. Three witness (Sd) I.J. (Sd) K.L.\n(Sd) E.F.,\nMarriage Officer for\n(Sd) A.B.,\nBridegroom\n(Sd) C.D.,\nBride\n(Sd) G.H.\n(Sd) I.J.\n(Sd) K.L.\nTHE FIFTH SCHEDULE\n(See section 16)\nCERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS\n(Sd) E.F., Marriage Officer for (Sd) A.B., Bridegroom (Sd) C.D., Bride (Sd) G.H. Three witness (Sd) I.J. (Sd) K.L.\n(Sd) E.F.,\nMarriage Officer for\n(Sd) A.B.,\nBridegroom\n(Sd) C.D.,\nBride",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 30th December, 2019 [act083]",
        "Act Number": "(43 of 1954)",
        "Enactment Date": "",
        "Act Year": "1954",
        "Short Title": "The Special Marriage Act, 1954",
        "Type": "CENTRAL",
        "Location": "India (Central)"
    },
    "updated_at": "2026-09-29 21:51:58"
}