Section 51 of SMA : Section 51: Repeals And Savings

Bare Act

(1) The Special Marriage Act, 1872 (3 of 1872), and any law corresponding to the Special Marriage Act, 1872 (3 of 1872), in force in any Part B State immediately before the commencement of this Act are hereby repealed.

(2) Notwithstanding such repeal, -

• (a) all marriages duly solemnized under the Special Marriage Act, 1872 (3 of 1872), or any such corresponding law shall be deemed to have been solemnized under this Act;
• (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.

(3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in section 6 of the General Clauses Act, 1897 (10 of 1897), which shall also apply to the repeal of the corresponding law as if such corresponding law had been an enactment.

Simplified Act

(1) The old law called the Special Marriage Act from 1872, and any similar laws that were in place in certain regions of India (Part B States) before this new law started, are now cancelled.

(2) Even though these old laws are cancelled, the following will happen:

• (a) Any marriage that was properly done under the old 1872 law or any similar old law will be treated as if it was done under this new law.
• (b) Any legal cases about marriage issues that were not finished when this new law star...

Explanation using Example

Imagine a couple, John and Riya, who got married in 1953 under the Special Marriage Act of 1872. In 1955, the Special Marriage Act of 1954 came into effect, repealing the 1872 Act. According to Section 51 of the new Act:

• John and Riya's marriage is still valid and is now deemed to have been solemnized under the 1954 Act, despite the repeal of the 1872 Act.
• If there was a matrimonial dispute between John and Riya that was pending in court when the 1954 Act came in...