SPECIAL MARRIAGE ACT, 1954

It extends to the whole of India except the State of Jammu and Kashmir, 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].

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

In this Act, unless the context otherwise requires –

"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 –

Brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965) and in Pondichery by Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963).

Subs. by Act 33 of 1969, s. 29, for "outside the said territories".

1st January, 1955, vide Notification No. S. R. O. 3606, dated 17-12-1954, Gazette of India, Extraordinary, 1954, Pt. II, Sec. 3, p. 2463.

Cl. (a) omitted by Act 33 of 1969, s. 29.

Cl. (c) omitted by Act 33 of 1969, s. 29.

Subs. by Act 68 of 1976, s. 20, for the former cl. (w.e.f. 27-5-1976).

Subs. by the Adaptation of Laws (No. 3) Order, for the original cl.

Subs. by Act 33 of 1969, s. 29, for sub-section (2).

Conditions relating to solemnization of special marriages –

Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely –

Subs. by Act 68 of 1976, s. 21, for the former cl. (w.e.f. 27-5- 1976).

Omitted by Act 39 of 1999, s. 3 (w.e.f. 29.12.1999).

Subs. by Act 32 of 1963, s. 2, for cl. (d).

Subs. by Act 33 of 1969, s. 29, for cl. (e).

Ins. by Act 32 of 1963, s. 2.1

When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

Marriage Notice Book and Publication.

Objection to marriage.

Powers of Marriage Officers in respect of inquiries.

For the purpose of any inquiry under section 8, the Marriage Officer shall have all the powers vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely –

If it appears to the Marriage Officer that the objection made to an intended marriage is not reasonable and has not been made in good faith he may impose on the person objecting costs by way of compensation not exceeding one thousand rupees and award the whole or any part thereof to the parties to the intended marriage, and any order for costs so made may be executed in the same manner as a decree passed by the district court within the local limits of whose jurisdiction the Marriage Officer has his office.

Procedure on receipt of objection by Marriage Officer abroad.

Where an objection is made under section 7 to a Marriage Officer 1*[in the State of Jammu and Kashmir in respect of an intended marriage in the State], and the Marriage Officer, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government, and the Central Government, after making such inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the Marriage Officer who shall act in conformity with the decision of the Central Government.

Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.

Place and form of solemnization.

The marriage may be solemnized at the office of the Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed.

The marriage may be solemnized in any form which the parties may choose to adopt: Provided that it shall not be complete and binding on the parties, unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties.-" I, (A), take thee (B), to be my lawful wife (or husband)."

Certificate of marriage.

When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.

On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.

Subs. by Act 33 of 1969, s. 29, for certain words.

Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5, or where an appeal has been filed under sub-section (2) of section 8, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act.

Registration of marriages celebrated in other forms.

Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872, (3 of 1872) or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely –

Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

Appeals from orders under section 16.

Any person aggrieved by any order of a Marriage Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision.

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Rep. by this Act, s. 51.

Effect of registration of marriage under this Chapter.

Subject to the provisions contained in sub-section (2) of section 24, where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be and always to have been the legitimate children of their parents:  

Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.

Special provision in certain cases.

Restitution of conjugal rights.

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.  

Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of providing reasonable excuse shall be on the person who has withdrawn from the society.

Judicial separation.

A petition for judicial separation may be presented to the district court either by the husband or the wife –

Ins. by Act 68 of 1976, s. 22 (w.e.f. 27-5-1976).

Added by s. 23, ibid.

Subs. by Act 29 of 1970, s. 2, for certain words.

Ins. by Act 68 of 1976, s. 24.

Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

Void marriages.

Any marriage solemnized under this Act shall be null and void 1*[and may, on a petition presented by either party thereto against the other party, be so declared] by a decree of nullity if –

Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clauses (a) to (e) of section 15:  

Provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the district court has become final.

Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if –

Subs. by Act 68 of 1976, s. 25, for certain words.

Legitimacy of children of void and viodable marriages.

Subs. by Act 68 of 1976, s. 26, for s. 26 (w.e.f. 27-5-1976).

S. 27 re-numbered as sub-section (1) of that section by Act 29 of 1970, s. 3.

Subs. by Act 68 of 1976, s. 27, for cls. (a) and (b).

A wife may also present a petition for divorce to the district court on the ground –

Subject to the provisions of this Act and to the rules made there under, either party to a marriage, whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970, (29 of 1970) may present a petition for divorce to the district court on the ground –

The word "or" at the end of cl. (h) and cls. (i) and (j) omitted by Act 29 of 1970, s. 3.

Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).

Certain words omitted by s. 27, ibid. (w.e.f. 27-5-1976).

Ins. by Act 29 of 1970, s. 3.

Alternative relief in divorce proceedings.

In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the ground mentioned in clause (h) of sub-section (1) of section 27, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.

Restriction on petitions for divorce during first three years after marriage.

No petition for divorce shall be presented to the district court 3*[unless at the date of the presentation of the petition one year has passed] since the date of entering the certificate of marriage in the Marriage Certificate Book: 

Provided that the district court may, upon application being made to it, allow a petition to be presented 3*[before one year has passed] on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the district court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case the district court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1*[expiry of one year] from the date of the marriage or may dismiss the petition, without prejudice to any petition, which may be brought after the 1*[expiration of the said one year] upon the same, or substantially the same, facts as those proved in support of the petition so dismissed.

In disposing of any application under this section for leave to present a petition for divorce before the 1*[expiration of one year] from the date of the marriage, the district court shall have regard to the interests of any children of the marriage, and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 1[said one year].

Court to which petition should be made.

Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose original civil jurisdiction –

Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this subsection, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.

Proceedings to be in camera and may not be printed or published.

Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.

Subs. by Act 68 of 1976, s. 33, for s. 33 (w.e.f. 27-5-1976).

Subs. by s. 34, ibid., for certain words (w.e.f. 27-5-1976).

Ins. by Act 68 of 1976, s. 34 (w.e.f. 27-5-1976).

Relief for respondent in divorce and other proceedings.

In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground, and if the petitioner's adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.

Where in any proceeding under Chapter V or Chapter VI it appears to the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husband's income, it may seem to the court to be reasonable.

Permanent alimony and maintenance.

Custody of children.

In any proceeding under Chapter V or Chapter VI the district court may, from time to time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending.

All decrees made by the court in any proceeding under Chapter V or Chapter VT shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.

Orders made by the court in any proceeding under this Act under section 37 or section 38 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.

There shall be no appeal under this section on the subject of costs only.

Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order.

Enforcement of decrees and orders.

All decrees and orders made by the court in any proceeding under Chapter V or Chapter VI shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being are enforced.

Application of Act 5 of 1908.

Subject to the other provisions contained in this Act, and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.

Subs. by Act 68 of 1976, s. 37, for s. 39 (w.e.f. 27-5-1976).

Power to transfer petitions in certain cases.

Where –

In a case where sub-section (1) applies –

In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 1908 (5 of 1908) to transfer any suit or proceeding from the district court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.

Ins. by Act 68 of 1976, s. 38.

Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

Documentary evidence.

Notwithstanding anything contained in any enactment to the contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under this Act on the ground that it is not duly stamped or registered.

Power of High Court to make rules regulating procedure.

The High Court shall, by notification in the Official Gazette, make such rules consistent with the provisions contained in this Act and the Code of Civil Procedure, 1908 as (5 of 1908), it may consider expedient for the purpose of carrying into effect the provisions of Chapters V, VI and VII.

In particular, and without prejudice to the generality of the foregoing provision, such rules shall provide for –

Every person whose marriage is solemnized under this Act and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code, (45 of 1860), for the offence of marrying again during the lifetime of a husband or wife, and the marriage so contracted shall be void.

Every Marriage Officer in a State shall send to the Registrar General of Births, Deaths and Marriages of that State at such intervals and in such form as may be prescribed, a true copy of all entries made by him in the Marriage Certificate Book since the last of such intervals, and, in the case of Marriage Officers outside the territories to which this Act extends, the true copy shall be sent to such authority as the Central Government may specify in this behalf.

Correction of errors.

The words "diplomatic and consular officers and other" omitted by Act 33 of 1969, s. 29.

For the Special Marriage (Diplomatic and Consular officers) Rules, 1954, see Gazette of India, 1955, Pt. II, Sec. 3, p. 1517.

Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Every rule made by the State Government under this Act shall be laid, as soon as it is made, before the State Legislature.

Repeal and savings.

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

Notwithstanding such repeal –

The provisions of sub-section (2) shall be without prejudice to the provisions contained in section 6 of the General Clause 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.