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The Special Marriage Act, 1954

Central

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

Act number
43 of 1954
Ministry
Ministry of Law and Justice
Department
Legislative Department
Enacted
9 Oct 1954

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

57 sections

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