Chapter I PRELIMINARY

1. (1) This Act may be called the Special Marriage Act, 1954. ((2) It extends to the whole of India 1***, and applies also to citizens of India domiciled in the territories to which this Act extends who are 2[in the State of Jammu and Kashmir].
2. (3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint.

¹ The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I and to Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963).

² The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Sch. (w.e.f. 31-10-2019).

³ Subs. by Act 33 of 1969, s. 29, for "outside the said territories" (w.e.f. 31-8-1969).

⁴ 1st January, 1955, vide notifn. No. S.R.O. 3606, dated 17th December, 1954, published in the Gazette of India, Extraordinary, Part II, sec. 3. The Act has been extended to State of Sikkim vide notify. No. S.O. 1629(E), dated 15th April 2021, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

In this Act, unless the context otherwise requires,-- 1* * * * *

1. (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,--
2. (a) relationship by half or uterine blood as well as by full blood;
3. (b) illegitimate blood relationship as well as legitimate;
4. (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; 2* * * * *
5. (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; 3[(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. (f) "prescribed" means prescribed by rules made under this Act; 4[(g) "State Government", in relation to a Union territory, means the administrator thereof.]

¹ Clause (a) omitted by Act 33 of 1969, s. 29 (w.e.f. 31-8-1969).

² Clause (c) omitted by Act 33 of 1969, s. 29 (w.e.f. 31-8-1969).

³ Subs. by Act 68 of 1976, s. 20, for clause (e) (w.e.f. 27-5-1976).

⁴ Subs. by the A.O. (No. 3) Order, 1956 for clause (g).

1. (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. 1[(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, 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.]

¹ Subs. by Act 33 of 1969, s. 29, for sub-section (2) (w.e.f. 31-8-1969).