Vidhi Codex

The Special Marriage Act, 1954

The Special Marriage Act, 1954

Civil195457 sections8 chapters

The Special Marriage Act, 1954, establishes a secular framework for marriages in India and for citizens abroad, regardless of their religious background. It regulates the entire matrimonial lifecycle, from mandatory registration and legal conditions for valid unions to procedures for divorce, alimony, and child custody. This law is crucial because it permits inter-faith couples to marry without requiring religious conversion. By providing a civil alternative to religious personal laws, it ensures the legal legitimacy of children and standardizes property succession. Ultimately, it matters because it protects the individual freedom of choice while offering a uniform legal system for matrimonial relief.

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How to Solemnize a Marriage: Special Marriage Act, 1954

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.
  3. 3Marriage Officers.

Chapter II SOLEMNIZATION OF SPECIAL MARRIAGES →

  1. 4Conditions relating to solemnization of special marriages.
  2. 5Notice of intended marriage.
  3. 6Marriage Notice Book and publication.
  4. 7Objection to marriage.
  5. 8Procedure on receipt of objection.
  6. 9Powers of Marriage Officers in respect of inquiries.
  7. 10Procedure on receipt of objection by Marriage Officer abroad.
  8. 11Declaration by parties and witnesses.
  9. 12Place and form of solemnization.
  10. 13Certificate of marriage.
  11. 14New notice when marriage not solemnized within three months.

Chapter III REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS →

  1. 15Registration of marriages celebrated in other forms.
  2. 16Procedure for registration.
  3. 17Appeals from orders under section 16.
  4. 18Effect of registration of marriage under this Chapter.

Chapter IV CONSEQUENCES OF MARRIAGE UNDER THIS ACT →

  1. 19Effect of marriage on member of undivided family.
  2. 20Rights and disabilities not affected by Act.
  3. 21Succession to property of parties married under Act.
  4. 21ASpecial provision in certain cases.

Chapter V RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION →

  1. 22Restitution of conjugal rights.
  2. 23Judicial separation.

Chapter VI NULLITY OF MARRIAGE AND DIVORCE →

  1. 24Void marriages.
  2. 25Voidable marriages.
  3. 26Legitimacy of children of void and voidable marriages.
  4. 27Divorce.
  5. 27AAlternative relief in divorce proceedings.
  6. 28Divorce by mutual consent.
  7. 29Restriction on petitions for divorce during first one year after marriage.
  8. 30Remarriage of divorced persons.

Chapter VII JURISDICTION AND PROCEDURE →

  1. 31Court to which petition should be made.
  2. 32Contents and verification of petitions.
  3. 33Proceedings to be in camera and may not be printed or published.
  4. 34Duty of court in passing decrees.
  5. 35Relief for respondent in divorce and other proceedings.
  6. 36Alimony pendente lite.
  7. 37Permanent alimony and maintenance.
  8. 38Custody of children.
  9. 39Appeals from decrees and orders.
  10. 39AEnforcement of decrees and orders.
  11. 40Application of Act 5 of 1908.
  12. 40APower to transfer petitions in certain cases.
  13. 40BSpecial provisions relating to trial and disposal of petitions under the Act.
  14. 40CDocumentary evidence.
  15. 41Power of High Court to make rules regulating procedure.

Chapter VIII MISCELLANEOUS →

  1. 42Saving.
  2. 43Penalty on married person marrying again under this Act.
  3. 44Punishment of bigamy.
  4. 45Penalty for signing false declaration or certificate.
  5. 46Penalty for wrongful action of Marriage Officer.
  6. 47Marriage Certificate Book to be open to inspection.
  7. 48Transmission of copies of entries in marriage records.
  8. 49Correction of errors.
  9. 50Power to make rules.
  10. 51Repeals and savings.

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