SectionsParticulars
Chapter IPreliminary
1Short title extend and commencement
(1) This Act may be called the Special Marriage Act, 1954. (2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to ci...
2Definitions
4[***] (b) "degrees of prohibited relationship"-a man and any of the persons mentioned in part I of the First Schedule and a woman and any of the persons ment...
3Marriage Officers
(1) For the purpose of this Act, the State Government may, by notification in the Official Gazette, appoint one or more Marriage Officers for the whole or any...
Chapter IISolemnization Of Special Marriages
4Conditions relating to solemnization of special marriages
Notwithstanding anything contained in any other law for the time being in force relating to be solemnization of marriages, a marriage between any tow persons ...
5Notice of intended marriage
When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Sec...
6Marriage Notice Book and publication
(1) The Marriage Officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such ...
7Objection to marriage
(1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of section 6, object ...
8Procedure on receipt of objection
(1) If an objection is made under section 7 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matt...
9Powers of Marriage Officers in respect of inquiries
(1) For the purpose of any inquiry under section 8, the Marriage Officer shall have all the powers vested in a civil court under the Code of Civil Procedure, ...
10Procedure on receipt of objection by Marriage Officer abroad
Where an objection is made under section 7 to a Marriage Officer 13[in the State of Jammu and Kashmir in respect of an intended marriage in the State], and th...
11Declaration by parties and witnesses
Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in ...
12Place and form of solemnization
(1) The marriage may be solemnized at the office of the marriage Officer, or at such other place within a reasonable distance there from as the parties may de...
13Certificate of marriage
(1) When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be...
14New notice when marriage not solemnized within three months
Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by...
Chapter IIIRegistration Of Marriages Celebrated In Other Forms
15Registration of marriages celebrated in other forms
Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872, or under...
16Procedure for registration
Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter, the Marriage Officer shal...
17Appeals from orders under section 16
Any person aggrieved by any order of a Marriage Officer refusing to register a Marriage under this Chapter may, within thirty days from the date of that order...
18Effect of registration of marriage under this Chapter
Subject to the provisions contained in sub-section (2) of section 24, where a certificate of marriage has been finally entered in the Marriage Certificate Boo...
Chapter IVConsequences Of Marriage Under This Act
19Effect of marriage on member of undivided family
The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effec...
20Rights and disabilities not affected by Act
Subject to the provisions of section 19, and person whose marriage is solemnized under this Act shall have the same rights and shall be subject to the same di...
21Succession to property of parties married under Act
Notwithstanding any restrictions contained in the Indian Succession Act, 1925, with respect to its application to members of certain communities, succession t...
21ASpecial provision in certain cases
Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu,...
Chapter VRestitution Of Conjugal Rights And Judicial Separation
22Restitution of conjugal rights
When either he husband or the wife has, without reasonable excuse, withdrawn from the society of he other, the aggrieved party may apply by petition to the di...
23Judicial separation
(1) A petition for judicial separation may be presented to the district court either by the husband or the wife,- (a) on any of the grounds specified 17[in s...
Chapter VINullity Of Marriage And Divorce
24Void marriages
(1) Any marriage solemnized under this Act shall be null and void 19[and may, on a petition presented by either party thereto against the other party, be so ...
25Voidable marriages
Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,- (i) the marriage has not been consummated owing to t...
26Legitimacy of children of void and voidable marriages
(1) Notwithstanding that a marriage is null and void under section 24, any child of such marriage who would have been legitimate if the marriage had been vali...
27Divorce
21(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husb...
27AAlternate relief in divorce proceedings
In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the ground ...
28Divorce by mutual consent
(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties ...
29Restriction on petitions for divorce during first three years after marriage
(1) No petition for divorce shall be presented to the district court 31[unless at the date of the presentation of the petition one year has passed] since the ...
30Remarriage of divorced persons
Where a marriage has been dissolved by a decree of divorce, and either there is no right of appeal against the decree or if there is such a right of appeal, t...
31Court to which petition should be made
34[(1) Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose original civil jurisdiction- (i)...
32Contents and verification of petitions
(1) Every petition under Chapter V or Chapter VI shall state, as distinctly as the nature of the case permits, the facts on which the claim to relief is found...
33Proceedings to be in camera and may not be printed or published
(1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any s...
34Duty of court in passing decrees
(1) In any proceeding under Chapter V or Chapter VI, whether defended or not, if the court is satisfied that,- (a) any of the grounds for granting relief exi...
35Relief for respondent in divorce and other proceedings
In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of ...
36Alimony pendente lite
Where in any proceeding under Chapter V or Chapter VI it appears to the district court that the wife has no independent income sufficient for her support and ...
37permanent alimony and maintenance
(1) Any court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on applica...
38Custody of children
In any proceeding under Chapter V or Chapter VI the district court may, from time to time, pass such interim orders and make such provisions in the decree as ...
39Appeals from decrees and orders
(1) All decrees made by the court in any proceeding under Chapter V or Chapter VI shall, subject to the provisions of sub-section (3), be appealable as decree...
39AEnforcement of decrees and orders
All decrees and orders made by the court in any proceeding under Chapter V or Chapter VI shall be enforced in the like manner as the decrees and orders of the...
40Application of Act 5 of 1908
Subject to the other provisions contained in this Act, and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be re...
40APower to transfer petitions in certain cases
(1) Where- (a) a petition under this Act has been presented to the district court having jurisdiction by a party to the marriage praying for a decree for judi...
40BSpecial provision relating to trial and disposal of petitions under the Act
(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued fr...
40CDocumentary evidence
Notwithstanding anything contained in any enactment to the country, no document shall be inadmissible in evidence in any proceeding at the trial of a petition...
41Power of High Court to make rules regulating procedure
(1) The High Court shall, by notification in the Official Gazette, make such rules consistent with the provisions contained in this Act and the Code of Civil ...
Chapter VIIIMiscellaneous
42Savings
Nothing contained in this Act shall affect the validity of any marriage not solemnized under its provisions; nor shall this Act be deemed directly or indirect...
43Penalty on married person marrying again under this act
Save as otherwise provided in Chapter III, every person who, being at the time married, procures, a marriage of himself or herself to be solemnized under this...
44Punishment of bigamy
Every person whose marriage is solemnized under this Act and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be sub...
45penalty for signing false declaration or certificate
Every person making, signing or attesting any declaration or certificate required by or under this Act containing a statement which is false and which he eith...
46Penalty for wrongful action of Marriage Officer
Any Marriage Officer who knowingly an willfully solemnizes a marriage under this Act- (1) without publishing a notice regarding such marriage as required by s...
47Marriage Certificate Book to be open to inspection
(1) The Marriage Certificate Book kept under this Act shall at all reasonable times be open for inspection and shall be admissible as evidence of the statemen...
48Transmission of copies of entries in marriage records
Every Marriage Officer in a State shall send to Registrar-General of Births, Deaths and Marriages of that State at such intervals and in such form as may be p...
49Correction of errors
(1) Any Marriage Officer who discovers any error in he form or substance of any entry in the Marriage Certificate Book may, within one month next after the di...
50Power to make rules
(1) the Central Government, in the case of 43[***] officers of the Central Government, and the State Government, in all other cases, may, by notification in ...
51Repeals and savings
(1) The Special Marriage Act, 1872, and any law corresponding to the Special Marriage Act, 1872, in force in any Part B State immediately before the commencem...
The First Schedule
[See section 2 (b) "Degrees of prohibited relationship"] 1. Mother 2. Father's window (step-mother) 3. Mother's mother 4. Mother's father's window (step gran...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!