The Special Marriage Act, 1954

The Special Marriage Act, 1954 - An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.

Indian Marriage LawsMarriage RegistrationInter-religious MarriagesDivorce Laws In IndiaMarriage Laws For Indian Citizens

Summary

The Special Marriage Act, 1954 is an Act of the Indian Parliament that enables a special form of marriage for Indian couples. This Act provides a means for marriage registration for couples who choose to marry under its provisions, regardless of their religion, caste or creed. It also provides for divorce and legal separation, as well as the registration of certain other marriages. The Act covers the entire country of India and is applicable to all Indian citizens, regardless of their religion or ethnicity.

CHAPTER I
PRELIMINARY

Section 1 : Short title, extent and commencement

Section 2 : Definitions

Section 3 : Marriage Officers

CHAPTER II
SOLEMNIZATION OF SPECIAL MARRIAGES

Section 4 : Conditions relating to solemnization of special marriages

Section 5 : Notice of intended marriage

Section 6 : Marriage Notice Book and publication

Section 7 : Objection to marriage

Section 8 : Procedure on receipt of objection

Section 9 : Powers of Marriage Officers in respect of inquiries

Section 10 : Procedure on receipt of objection by Marriage Officer abroad

Section 11 : Declaration by parties and witnesses

Section 12 : Place and form of solemnization

Section 13 : Certificate of marriage

Section 14 : New notice when marriage not solemnized within three months

CHAPTER III
REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS

Section 15 : Registration of marriages celebrated in other forms

Section 16 : Procedure for registration

Section 17 : Appeals from orders under section 16

Section 18 : Effect of registration of marriage under this Chapter

CHAPTER IV
CONSEQUENCES OF MARRIAGE UNDER THIS ACT

Section 19 : Effect of marriage on member of undivided family

Section 20 : Rights and disabilities not affected by Act

Section 21 : Succession to property of parties married under Act

Section 21A : Special provision in certain cases

CHAPTER V
RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

Section 22 : Restitution of conjugal rights

Section 23 : Judicial separation

CHAPTER VI
NULLITY OF MARRIAGE AND DIVORCE

Section 24 : Void marriages

Section 25 : Voidable marriages

Section 26 : Legitimacy of children of void and voidable marriages

Section 27 : Divorce

Section 27A : Alternative relief in divorce proceedings

Section 28 : Divorce by mutual consent

Section 29 : Restriction on petitions for divorce during first one year after marriage

Section 30 : Remarriage of divorced persons

CHAPTER VII
JURISDICTION AND PROCEDURE

Section 31 : Court to which petition should be made

Section 32 : Contents and verification of petitions

Section 33 : Proceedings to be in camera and may not be printed or published

Section 34 : Duty of court in passing decrees

Section 35 : Relief for respondent in divorce and other proceedings

Section 36 : Alimony pendente lite

Section 37 : Permanent alimony and maintenance

Section 38 : Custody of children

Section 39 : Appeals from decrees and orders

Section 39A : Enforcement of decrees and orders

Section 40 : Application of Act 5 of 1908

Section 40A : Power to transfer petitions in certain cases

Section 40B : Special provisions relating to trial and disposal of petitions under the Act

Section 40C : Documentary evidence

Section 41 : Power of High Court to make rules regulating procedure

CHAPTER VIII
MISCELLANEOUS

Section 42 : Saving

Section 43 : Penalty on married person marrying again under this Act

Section 44 : Punishment of bigamy

Section 45 : Penalty for signing false declaration or certificate

Section 46 : Penalty for wrongful action of Marriage Officer

Section 47 : Marriage Certificate Book to be open to inspection

Section 48 : Transmission of copies of entries in marriage records

Section 49 : Correction of errors

Section 50 : Power to make rules

Section 51 : Repeals and savings

To read this Act offline, get our "Kanoon Library" Mobile App

Kanoon Library Android App - Play Store LinkKanoon Library iOS App - App Store Link