The SPECIAL MARRIAGE ACT, 1954

PRELIMINARY

Section 1 — Short title, extent and commencement.

(1) This Act may be called the Special Marriage Act, 1954.

(2) It extends to the whole of India [Omitted] , and applies also to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Browse all 62 sections
  1. 1.Short title, extent and commencement.
  2. 2.Definitions.
  3. 3.Marriage Officers.
  4. 4.Conditions relating to solemnization of special marriages.
  5. 5.Notice of intended marriage.
  6. 6.Marriage Notice Book and publication.
  7. 7.Objection to marriage.
  8. 8.Procedure on receipt of objection.
  9. 9.Powers of Marriage Officers in respect of inquiries.
  10. 10.Procedure on receipt of objection by Marriage Officer abroad.
  11. 11.Declaration by parties and witnesses.
  12. 12.Place and form of solemnization.
  13. 13.Certificate of marriage.
  14. 14.New notice when marriage not solemnized within three months.
  15. 15.Registration of marriages celebrated in other forms.
  16. 16.Procedure for registration.
  17. 17.Appeals from orders under section 16.
  18. 18.Effect of registration of marriage under this Chapter.
  19. 19.Effect of marriage on member of undivided family.
  20. 20.Rights and disabilities not affected by Act.
  21. 21.Succession to property of parties married under Act.
  22. 21A.Special provision in certain cases.
  23. 22.Restitution of conjugal rights.
  24. 23.Judicial separation.
  25. 24.Void marriages.
  26. 25.Voidable marriages.
  27. 26.Legitimacy of children of void and voidable marriages.
  28. 27.Divorce.
  29. 27A.Alternative relief in divorce proceedings.
  30. 28.Divorce by mutual consent.
  31. 29.Restriction on petitions for divorce during first one year after marriage.
  32. 30.Remarriage of divorced persons.
  33. 31.Court to which petition should be made.
  34. 32.Contents and verification of petitions.
  35. 33.Proceedings to be in camera and may not be printed or published.
  36. 34.Duty of court in passing decrees.
  37. 35.Relief for respondent in divorce and other proceedings.
  38. 36.Alimony pendente lite.
  39. 37.Permanent alimony and maintenance.
  40. 38.Custody of children.
  41. 39.Appeals from decrees and orders.
  42. 39A.Enforcement of decrees and orders.
  43. 40.Application of Act 5 of 1908.
  44. 40A.Power to transfer petitions in certain cases.
  45. 40B.Special provisions relating to trial and disposal of petitions under the Act.
  46. 40C.Documentary evidence.
  47. 41.Power of High Court to make rules regulating procedure.
  48. 42.Saving.
  49. 43.Penalty on married person marrying again under this Act.
  50. 44.Punishment of bigamy.
  51. 45.Penalty for signing false declaration or certificate.
  52. 46.Penalty for wrongful action of Marriage Officer.
  53. 47.Marriage Certificate Book to be open to inspection.
  54. 48.Transmission of copies of entries in marriage records.
  55. 49.Correction of errors.
  56. 50.Power to make rules.
  57. 51.Repeals and savings.
  58. SCH-THE FIRST SCHEDULE.THE FIRST SCHEDULE
  59. SCH-THE SECOND SCHEDULE.THE SECOND SCHEDULE
  60. SCH-THE THIRD SCHEDULE.THE THIRD SCHEDULE
  61. SCH-THE FOURTH SCHEDULE.THE FOURTH SCHEDULE
  62. SCH-THE FIFTH SCHEDULE.THE FIFTH SCHEDULE