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Contents SPECIAL MARRIAGE ACT, 1954 PAGE
CHAPTER I PRELIMINARY
1. Short title, extent and commencement
1
2. Definitions
2
3. Marriage Officers
3 CHAPTER II
SOLEMNIZATION OF SPECIAL MARRIAGES
4. Conditions relating to solemnization of special marriages
4
5. Notice of intended marriage
6
6. Marriage Notice Book and publication
7
7. Objection to marriage
8
8. Procedure on receipt of objection
8
9. Powers of Marriage Officers in respect of inquiries
9
10. Procedure on receipt of objection by Marriage Officer abroad
10
11. Declaration by parties and witnesses
10
12. Place and form of solemnization
10
13. Certificate of marriage
11
14. New notice when marriage not solemnized within three months
12
I-5
CONTENTS
I-6
CHAPTER III
REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS 15. Registration of marriages celebrated in other forms
13
16. Procedure for registration
14
17. Appeals from orders under section 16
14
18. Effect of registration of marriage under this Chapter
14
CHAPTER IV CONSEQUENCES OF MARRIAGE UNDER THIS ACT
19. Effect of marriage on member of undivided family
15
20. Rights and disabilities not affected by Act
15
21. Succession to property of parties married under Act
16
21A. Special provision in certain cases
16
CHAPTER V RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
22. Restitution of conjugal rights
17
23. Judicial separation
18 CHAPTER VI
NULLITY OF MARRIAGE AND DIVORCE
24. Void marriages
19
25. Voidable marriages
20
26. Legitimacy of children of void and voidable marriages
21
27. Divorce
23
27A. Alternative relief in divorce proceedings
27
28. Divorce by mutual consent
27
29. Restriction on petitions for divorce during first one year after marriage
29
30. Re-marriage of divorced persons
30
CHAPTER VII JURISDICTION AND PROCEDURE
31. Court to which petition should be made
31
32. Contents and verification of petitions
32
I-7
CONTENTS
33. Proceedings to be in camera and may not be printed or published
32
34. Duty of court in passing decrees
33
35. Relief for respondent in divorce and other proceedings
34
36. Alimony pendente lite
34
37. Permanent alimony and maintenance
35
38. Custody of children
37
39. Appeals from decrees and orders
38
39A. Enforcement of decrees and orders
39
40. Application of Act 5 of 1908
39
40A. Power to transfer petitions in certain cases
39
40B. Special provision relating to trial and disposal of petitions under the Act
40
40C. Documentary evidence
40
41. Power of High Court to make rules regulating procedure
40
CHAPTER VIII
MISCELLANEOUS 42. Saving
41
43. Penalty on married person marrying again under this Act
41
44. Punishment of bigamy
41
45. Penalty for signing false declaration or certificate
42
46. Penalty for wrongful action of Marriage Officer
42
47. Marriage Certificate Book to be open to inspection
43
48. Transmission of copies of entries in marriage records
44
49. Correction of errors
44
50. Power to make rules
44
51. Repeals and Savings
45
FIRST SCHEDULE
45
SECOND SCHEDULE
47
THIRD SCHEDULE
48
FOURTH SCHEDULE
49
FIFTH SCHEDULE
49
SUBJECT INDEX
51
Special Marriage Act, 1954 [43 OF 1954]1
An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (1) This Act may be called the Special Marriage Act, 1954.2 (2) It extends to the whole of India 3[***], and applies also to citizens of India domiciled in the territories to which this Act extends who are 4[in the State of Jammu and Kashmir]. (3) It shall come into force on such date5 as the Central Government may, by notification in the Official Gazette, appoint. COMMENTS SECTION NOTES
1.1 Short Title
This Act is formally known as the “Special Marriage Act, 1954.”
1.2 Extent of Application
The Act applies across the entire territory of India.
1. Dated 9-10-1954. 2. The Act has been extended to Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963, w.e.f. 1-7-1965; Pondicherry by the Pondicherry (Laws) Regulation, 1963, w.e.f. 1-10-1963 and in the State of Sikkim vide S.O. 1629(E), w.e.f. 15-4-2021. 3. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019. 4. Substituted for “outside the said territories” by the Foreign Marriage Act, 1969, w.e.f. 31-81969. 5. With effect from 1-1-1955.
1
S. 2
SPECIAL MARRIAGE ACT, 1954
2
1.3 Commencement The Act is enforceable from a date [w.e.f. 1-1-1955] specified by the Central Government through a notification in the Official Gazette.
Definitions. 2. In this Act, unless the context otherwise requires,— (a) 6[***] (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 mentioned in Part II of the said Schedule are within the degrees of prohibited relationship. Explanation I.—Relationship includes,— (a) relationship by half or uterine blood as well as by full blood; (b) illegitimate blood relationship as well as legitimate; (c) relationship by adoption as well as by blood; and all terms of relationship in this Act shall be construed accordingly. Explanation II.—“Full blood” and “half blood”—two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives. Explanation III.—“Uterine blood”—two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands. Explanation IV.—In Explanations II and III, “ancestor” includes the father and “ancestress” the mother; (c) 7[***] (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; 8 [(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;] 6. Omitted by the Foreign Marriage Act, 1969, w.e.f. 31-8-1969. Prior to its omission, clause (a) read as under: ‘(a) “consular officer” means a consul-general, consul, vice-consul, pro-consul or consular agent;’ 7. Omitted by the Foreign Marriage Act, 1969, w.e.f. 31-8-1969. Prior to its omission, clause (c) read as under: ‘(c) “diplomatic officer” means an ambassador, envoy, minister, charged’ affaires, high commissioner, commissioner or other diplomatic representative, or a counsellor or secretary of an embassy, legation or high commission;’ 8. Substituted by the Marriage Laws (Amendment) Act, 1976, w.e.f. 27-5-1976. Prior to its substitution, clause (e) read as under: ‘(e) “district court” means the principal civil court of original jurisdiction, and where there is a city civil court that court;’
3
SPECIAL MARRIAGE ACT, 1954
S. 3
(f) “prescribed” means prescribed by rules made under this Act; [(g) “State Government”, in relation to a Union territory, means the administrator thereto.]
9
COMMENTS SECTION NOTES
2.1 Degrees of Prohibited Relationship [Section 2(b)]
A man and the persons listed in Part I of the First Schedule.
A woman and the persons listed in Part II of the First Schedule.
2.1-1 Relationship includes:
Full blood: Descendants of the same ancestor through the same wife.
Half blood: Descendants of the same ancestor through different wives.
Uterine blood: Descendants of the same ancestress through different husbands.
Relationships include legitimate, illegitimate, and those by adoption.
“Ancestor” refers to the father; “ancestress” refers to the mother.
2.2 District [Section 2(d)]
Refers to the geographical area assigned to a Marriage Officer, as defined under section 3.
2.3 District Court [Section 2(e)]
Includes:
City Civil Court (in cities with such Courts).
Principal Civil Court of original jurisdiction (in other areas where there is no city Civil Court).
Courts designated by the State Government via notification.
Marriage Officers. 3. (1) For the purposes of this Act, the State Government may, by notification in the Official Gazette, appoint one or more Marriage Officers for the whole or any part of the State. [(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir,
10
9. Substituted by the Adaptation of Laws (No. 3) Order, 1956. Prior to its substitution, clause (g) read as under: ‘(g) “State Government”, in relation to a Part C State, means the Lieutenant Governor or, as the case may be, the Chief Commissioner of the State.’ 10. Substituted by the Foreign Marriage Act, 1969, w.e.f. 31-8-1969. Prior to its substitution, sub-section (2) read as under: “(2) For the purposes of this Act in its application to citizens of India domiciled in the territories to which this Act extends who are outside the said territories, the Central Government may, by notification in the Official Gazette, — (a) in the case of the State of Jammu and Kashmir, specify such officers of the Central Government as it may think fit to be the Marriage Officers for the State or any part thereof; and (b) in the case of any other country, place or area, appoint such diplomatic or consular officers as it may think fit to be the Marriage Officers for the country, place or area.”
S. 4
SPECIAL MARRIAGE ACT, 1954
4
the Central Government may, by notification in the Official Gazette, specify such officers of the Central Government as it may think fit to be the Marriage Officers for the State or any part thereof.] COMMENTS SECTION NOTES
3.1 Appointment by State Government [Section 3(1)]
The State Government is authorized to:
Appoint one or more Marriage Officers.
Define the jurisdiction of these officers, which may cover the entire state or specific parts.
Notification of the appointment must be published in the Official Gazette.
3.2 Appointment by Central Government [Section 3(2)]
Applicable to Indian citizens domiciled in the territories where this Act is in force but residing in Jammu and Kashmir.
The Central Government:
May appoint officers of its own departments as Marriage Officers.
Must specify the jurisdiction of these officers by issuing a notification in the Official Gazette.
CHAPTER II SOLEMNIZATION OF SPECIAL MARRIAGES Conditions relating to solemnization of special marriages. 4. Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:— (a) neither party has a spouse living; [(b) neither party—
11
(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (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 procreation of children; or (iii) has been subject to recurrent attacks of insanity 12[***];]
11. Substituted by the Marriage Laws (Amendment) Act, 1976, w.e.f. 27-5-1976. Prior to its substitution, clause (b) read as under: “(b) neither party is an idiot or a lunatic;” 12. Words “or epilepsy” omitted by the Marriage Laws (Amendment) Act, 1999, w.e.f. 29-12-1999.
SPECIAL MARRIAGE ACT 1954 – BARE ACT WITH SECTION NOTES AUTHOR PUBLISHER DATE OF PUBLICATION EDITION ISBN NO NO. OF PAGES BINDING TYPE
: : : : : : :
TAXMANN'S EDITORIAL BOARD TAXMANN DECEMBER 2025 2026 EDITION 9789375617570 64 PAPERBACK
Rs.115
DESCRIPTION Special Marriage Act 1954 [Bare Act with Section Notes] by Taxmann presents the legislative text, along with comprehensive Section Notes that elucidate key points, amendments, and relevant case law. Updated to date, it is essential to understand and apply the Act's provisions for marriage registration, separation, nullity, and divorce. This book is intended for the following audience: • Legal Practitioners & Judges • Government & Court Officials • NGOs & Social Workers • Law Students & Academics • General Readers & Couples The Present Publication is the 2026 Edition, covering the amended and updated text of the Special Marriage Act [Act No. 43 of 1954], with the following noteworthy features: • [Bare Act] Chapter-wise legislative text presented verbatim • [Section Notes] Summaries of key points, judgments, and cross-references • [Updated Amendments & Case Law] Incorporates changes and judicial interpretations up to date • [Pre-amendment Provisions] Displays earlier text in amendment footnotes • [Clear Explanations] Highlights definitions, procedures, and landmark rulings • [User-friendly Layout] Chapter-wise arrangement with a detailed table of contents and subject index • [Practical Insights] Guidance on registration, jurisdiction, void/voidable marriages, and divorce
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