SPECIAL MARRIAGE ACT, 1954
(1) This Act may be called the Special Marriage Act, 1954."
(2) 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 1[in the State of Jammu and Kashmir].
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
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1. Subs. by Act 33 of 1969, sec. 29, for “outside the said territories” (w.e.f. 31-8-1969).
2. Came into force on 1-1-1955, vide S.R.O. 3606, dated 17th December, 1954, published in the Gazette of India, Extr., 1954, Pt. II
In this Act, unless the context otherwise requires,—"
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,—
(a) relationship by half or uterine blood as well as by full blood;
(b) illegitimate blood relationship as well as legitimate;
(c) relationship by adoption as well as by blood;
and all terms of relationship in this Act shall be construed accordingly.
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Based on the provided sources, there appears to be a confusion. The sources provided primarily relate to the Prevention of Food Adulteration Act, 1954, and not the Special Marriage Act, 1954. The keywords and case laws cited are almost exclusively concerned with food adulteration, misbranding, and public health standards.
Therefore, the following commentary is based on Section 2 of the Prevention of Food Adulteration Act, 1954, as per the available sources.
Section 2 of the Prevention of Food Adulteration Act, 1954 (the Act) serves as the interpretation clause. It defines the key terms that form the backbone of the legislation, such as "adulterated," "food," "sale," and "misbranded." The interpretation of these definitions by courts has significantly shaped the scope and application of the Act, determining what constitutes an offence and who is liable.
The sources interpret various sub-clauses of Section 2, particularly:- Section 2(1)(a) / 2(ia)(a): Deals with adulteration where the article contains a poisonous or injurious substance.- Section 2(1)(f) / 2(ia)(f): Defines an article as adulterated if it is "unfit for human consumption" due to being insect-infested, filthy, putrid, or rotten.- Section 2(ia)(m): Covers cases where the quality or purity of the article falls below the prescribed standard.- Section 2(v): Defines "food."- Section 2(xiii): Deals with the definition of "sale."
To establish an offence under a specific sub-clause of Section 2, certain ingredients must be proved:- For Section 2(ia)(f), a key ingredient is the article being unfit for human consumption due to insect infestation. Simple presence of insects may not suffice; the degree must render it unfit.- For Section 2(ia)(a), it is often required to prove that the adulterant is injurious to health.- For Section 2(ia)(m), a mere deviation from the prescribed standard is sufficient, with the burden on the accused to prove a statutory exception (e.g., natural causes).
Section 2 does not prescribe punishment itself. Punishment for offences arising from non-compliance with the definitions in Section 2 is prescribed under Section 16 of the Act. A conviction under Section 7 (prohibition) read with Section 16 requires proving that the article falls within the definitions of Section 2.
(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.]
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1. Subs. by Act 33 of 1969, sec. 29, for sub-section (2) (w.e.f. 31-8-1969).
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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\:—"
(a) neither party has a spouse living;
1[(b) neither party—
(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(iii) has been subject to recurrent attacks of insanity 2[***];]
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.
(1) The Marriage Officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same."
(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.
(3) Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under section 5, the Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the district within whose limits s
(1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4."
(2) After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of section 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1).
(3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be read over and explained if necessary, to the person making the objection and shall be signed by him or on his behalf.
Section 7 of the Special Marriage Act, 1954, is a crucial provision that facilitates the objection process to intended marriages registered under the Act. It ensures transparency and provides a legal mechanism for parties or the public to raise concerns regarding the validity or legality of a proposed marriage, thereby safeguarding societal and legal interests.
Section 7 authorizes any person to object to a marriage notice published under the Act within 30 days. The objection must be made in writing, and the Marriage Officer is mandated to consider the objection before solemnizing the marriage. If objections are found valid, the marriage proceedings are halted until the issues are resolved or the objections are withdrawn.
While Section 7 itself does not prescribe specific punishments, violations such as filing false objections or providing false information during the objection process can attract penalties under other provisions of the Act or Indian Penal Code, such as perjury or fabrication of false evidence.
In conclusion, Section 7 of the Special Marriage Act, 1954, functions as a vital procedural safeguard that promotes transparency, legal compliance, and societal trust in the institution of marriage. Its proper application ensures that marriages are solemnized only after due scrutiny, thereby protecting individual rights and societal interests.
Note: This commentary synthesizes legal principles and judicial interpretations based on available case laws and statutory provisions related to Section 7 of the Special Marriage Act, 1954.
(1) If an objection is made under section 7 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a decision."
(2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal 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 Mar
(1) 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\:—"
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) discovery and inspection;
(c) compelling the production of documents;
(d) reception of evidence of affidavits; and
(e) issuing commissions for the examination of witnesses;
and any proceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code (45 o
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."
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1. Subs. by Act 33 of 1969, sec. 29, for certain words (w.e.f. 31-8-1969).
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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.
(1) 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."
(2) 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 the (B), to be my lawful wife (or husband).”
(1) 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."
(2) 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.
Section 13 of the Special Marriage Act, 1954, establishes the legal framework for the issuance of marriage certificates following the solemnization of a marriage under the Act. It underscores the importance of formal documentation in validating the marriage and confers conclusive evidentiary value to the certificate, thereby facilitating legal recognition and subsequent proceedings related to marriage, divorce, and related matters.
Section 13 of the Special Marriage Act, 1954, plays a crucial role in formalizing and legitimizing marriages conducted under the Act. Its provisions ensure that marriages are properly registered, documented, and recognized as conclusive proof of the matrimonial relationship. However, the validity and legal effect of such certificates are subject to compliance with procedural requirements, and they can be challenged on grounds of fraud, coercion, or jurisdictional irregularities. Courts and legal practitioners must carefully examine the circumstances surrounding the issuance of the certificate, especially in complex cases involving foreign judgments, fraud allegations, or procedural lapses. The conclusive nature of the certificate aims to facilitate legal certainty, streamline matrimonial proceedings, and uphold the integrity of the marriage registration process.
Note: All references are based on the provided sources and are formatted as per instructions.
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.
Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the 1Special Marriage Act, 1872 (III 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:—
(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;
(b) neither party has at the time of registration more than one spouse living;
(c) neither party is an idiot or a lunatic at the time of registration;
(d) the parties have completed the age of twenty-one years at the time of registration;
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Section 15 of the Special Marriage Act, 1954 (SMA) is a pivotal provision governing the registration of marriages celebrated in forms other than the solemnization under the Special Marriage Act itself (such as Hindu, Christian, Sikh, or inter-faith marriages). Its primary legislative intent is to validate marriages that have been solemnized elsewhere, provided specific statutory conditions are met. This section acts as a deeming mechanism; once registered under these clauses, the marriage is deemed solemnized under the Special Marriage Act, granting it a uniform legal status regarding legitimacy of children and matrimonial reliefs. However, the interpretation of Section 15 extends beyond mere registration, touching upon jurisdiction, citizenship implications, and the limits of administrative discretion.
Section 15 stipulates that any marriage celebrated (whether before or after the commencement of the Act) in a form other than under the Special Marriage Act may be registered by a Marriage Officer within their territories if specific conditions are fulfilled. The core condition is the existence of a completed ceremony of marriage where the parties have been living together as husband and wife ever since. Other conditions include the absence of a living spouse for either party, mental soundness, age requirements (completed 21 years), absence of prohibited relationships, and a residency requirement of 30 days immediately preceding the application. Upon registration, the certificate issued includes the date of solemnization recorded in the applicant's favor and the marriage is deemed solemnized under the Act.
To successfully avail the benefit of Section 15, the following essential ingredients must be satisfied:* "Living Together as Husband and Wife": There must be a continuous cohabitation between the solemnization of the marriage and the date of registration.* "Completed Age of 21 Years": Both parties must have attained the statutory age of 21 years specifically at the time of registration, even if the marriage was solemnized earlier when one was below this age.* "Single Status": Neither party shall have more than one living spouse at the time of application.* "Mental Soundness": Neither party shall be an idiot or a lunatic at the time of registration.* "Prohibited Relationship": The parties must not be within the degrees of prohibited relationship.* "30-Day Residency": The parties must have resided within the district of the Marriage Officer for a period of not less than 30 days immediately preceding the date of the application.* "Ceremony Performed": A valid ceremony of marriage must have been performed.
The scope of Section 15 is vast and covers various scenarios including inter-religious marriages, inter-caste unions, and marriages to foreign nationals. It serves as a retroactive validating provision for past solemnizations. However, its scope is limited; it cannot be used to validate a marriage that was void ab initio due to fraud, coercion, or the non-performance of essential ceremonies at the time of solemnization. Furthermore, the section relies heavily on the factual state of "living together," which must be established at the time of application. The registration under this section also confers the status of the marriage being governed by the provisions of the Special Marriage Act regarding legitimacy and validity, specifically Section 18.
Section 15 is not a penal provision itself and does not define a specific punishment for failure to register under it. However, the refusal of a Marriage Officer to register a valid marriage without cause is actionable as a dereliction of duty. The Supreme Court, in various judgments cited, emphasizes that non-registration where conditions are met would violate the statutory directions for compulsory registration. Therefore, the "punishment" or rather the legal consequence operates through writ jurisdiction (Writ of Mandamus) where courts direct authorities to register marriages, subject to the strict fulfillment of Section 15 conditions. Additionally, if the application involves false declarations (e.g., falsifying the date of marriage or residency), it attracts sections relating to perjury or forgination under the relevant penal codes, though specific punitive clauses within Section 15 focus on the validity of the registration rather than punishment per se.
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.
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.
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 t
Section 18 of the Special Marriage Act, 1954 (SMA) is a critical provision that bridges the gap between different forms of marriage solemnization and the legal consequences flowing from the Special Marriage Act. It operates primarily in two distinct capacities: first, as a "deeming provision" for marriages celebrated under other forms (such as Hindu, Christian, or Muslim rites) which are subsequently registered under Chapter III of the Act; and second, as an enabling clause extending the matrimonial reliefs of the SMA to marriages solemnized in foreign countries involving Indian citizens, read with the Foreign Marriage Act, 1969 (FMA). The interpretation of this section has profound implications for legitimacy, succession, divorce jurisdiction, and the validity of marriages.
Section 18 stipulates that where a certificate of marriage has been finally entered in the Marriage Certificate Book under Chapter III (Registration of Marriages Celebrated in Other Forms), the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under the Act. Furthermore, all children born after the date of the ceremony (whose names are 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. It also links the provisions of Chapters IV, V, VI, and VII of the SMA (covering divorce, nullity, etc.) to marriages solemnized in foreign countries under the FMA.
"Deeming Provision vs. Solemnization" - Distinction Legitimacy - Section 18 creates a legal fiction for legitimacy purposes but does not necessarily re-categorize a marriage as 'solemnized under the Act' for the purpose of declaring it void ab initio unless the registration process was illegal. Thus, a Hindu marriage just registered under Chapter III generally avoids annulment petitions under Section 25 regarding non-consummation or impotency unless the registration violated specific conditions. [Source: LAGNA BHATTACHARJEE VS SHYAMAL BHATTACHARJEE]
"Complete Code" - Marriages Foreign Jurisdiction - For foreign marriages where one party is an Indian citizen, the Special Marriage Act is considered a "complete code" regarding matrimonial reliefs. Consequently, personal laws like Muslim Law (which allows unilateral Talaq) do not apply to dissolve such foreign marriages; parties must seek relief under the SMA provisions like judicial separation. [Source: Arlene Uday Heble VS Uday Laxman Heble]
"Residence Requirement" - Not Continuous - Under Section 18 read with FMA, when determining the three-year residence requirement for an Indian woman to file for divorce/judicial separation, the law interprets "residence" liberally rather than strictly continuously. Temporary absences (e.g., tourist visas) do not break the period of residence, provided the party was domiciled in India immediately before the marriage and returns with intent to reside indefinitely. [Source: Maria Linda Rodrigues VS Ashley Joseph Rodrigues ]
"Status of Children" - Legitimacy Sanction - The primary intent of Section 18 regarding children is to sanction legitimacy, allowing them to succeed to property. However, this deeming provision extends to placing the marriage on par with others under the Act for succession rights, meaning a registered Muslim subject may bequeath their entire estate without restrictions under Muslim Personal Law. [Source: Sayeeda Shakur Khan VS Sajid Phaniband]
"Overriding Statute" - Rules Act - Although registration rules (like U.P. or C.G. Rules) provide procedures for compulsory registration, State Rules cannot supersede the SMA. Section 18 operates independently under the Central Act, and applications for registration must be dealt with strictly according to the provisions of the SMA, not subordinate rules. [Source: Akshay Sharma S/o Shri Mahesh VS Collector, Raipur, Tehsil And District Raipur, Chhattisgarh (Marriage Officer, Raipur City, Chhattisgarh)]
"Interpretation of Reliefs" - Foreign National Rights - Section 18 extends relief provisions to foreign marriages where one party is a citizen of India (including OCI cardholders) residing in India, ensuring that the "citizen" term is liberally construed to meet changing economic and social realities of a shrinking globe, thereby enabling divorce proceedings under Indian courts that would otherwise be barred. [Source: Michael Graham Prince VS Nisha Misra]
"Effect on Registered Certificate" - Finality - Once a marriage certificate is entered in the Marriage Certificate Book under Section 18, it is deemed conclusive evidence that a marriage under the Act has been solemnized. However, this conclusiveness can be rebutted in an election dispute if evidence proves the underlying ceremony never actually took place, in which case the registration can be declared of no effect. [Source: Bilquis Zakiuddin Bandookwala VS Shehnaz Shabbir Bandukwala]
"Proof of Solemnization" - Ceremony Requirement - While Section 18 deems a registered marriage solemnized, this does not mean that for a new marriage (Chapter II) mere registration suffices; a ceremony must be conducted. Conversely, for existing marriages (Chapter III) registered under Section 18, the court can investigate the validity of the original marriage, but the registration itself cannot be deemed a conclusive proof of solemnization if facts (like fake documents or missing 30-day residency) suggest otherwise. [Source: SULOCHANA KANDI VS DIPTIREKHA KANDI]
"Legal Consequence" - Severance in Status - Registration under Section 18 results in a severance in status for all parties, specifically affecting property rights. A child born after the marriage but before registration is deemed legitimate, but if the marriage involves a divorce of the parent, the child's claim to family property shares is restricted to the share of the legitimate parent due to the distinct legal status created by Section 18. [Source: S. Rangaraj VS R. R. Subbayan]
"Conflict of Laws" - Muslim Personal Law Exclusion - Section 18(4) specifically prevents the application of Talaq in foreign marriages involving Indian citizens. Since Muslim law does not provide a statutory "grant of relief" by a court (it is a unilateral act), Talaq is invalid; the only way to dissolve such a marriage is through a decree under the SMA, effectively overriding Islamic personal law in the context of foreign marriages with Indian citizens. [Source: A VS I]
"Validity of Past Marriage" - Optional Proceedings - Section 18 deals with registration, whereas Section 24 deals with declaring a marriage null and void. The Acts allow for the declaration of a "deemed" marriage (under Section 18) as of no effect only if the registration was in contravention of specific conditions (like prohibited relationship or age), highlighting the separation between registration validity and marriage solemnization validity. [Source: RUBI VS STATE OF U. P. ]
The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religions shall be deemed to effect his severance from such family.
Section 19 of the Special Marriage Act, 1954 (hereinafter "the Act") is a pivotal provision governing the legal consequences of a marriage solemnized under this specific legislation. Unlike the Hindu Marriage Act or other personal laws which focus extensively on the maintenance of joint family status, Section 19 imposes a statutory severance on individuals belonging to an undivided family. This section creates a distinct legal paradigm where the solemnization of a marriage under the Act results in the immediate dissolution of the marital member's status within their undivided family, thereby triggering specific rights and disabilities regarding inheritance and succession. This commentary analyzes the text of the section, its essential ingredients, scope, judicial interpretation regarding severance in status, and the lack of specific punishment provisions within the section itself.
Section 19 explicitly states that the marriage solemnized under the Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh, or Jaina religion shall be deemed to have severed his relationship with his undivided family. The text further clarifies that this severance shall be taken effect from the date of such marriage. Consequently, upon the occurrence of this severance, the individual loses their status as an heir to the coparcenary property of the undivided family in the same manner as if they had died before the commencement of this Act. The section operates subject to the provisions of Section 21 and Section 21-A (as amended), which address subsequent succession rights and disabilities.
Based on the statutory language and judicial findings, the essential ingredients for the operation of Section 19 are:* Applicability of Personal Law: The individual must profess the Hindu, Buddhist, Sikh, or Jaina religion at the time of solemnizing the marriage under the Act.* Undivided Family Membership: The individual must be a member of an undivided family (typically a Hindu Undivided Family or joint family governed by Mitakshara law principles) immediately prior to the solemnization of the marriage under the Act.* Solemnization Under the Act: The marriage must be solemnized under the specific provisions of the Special Marriage Act, 1954.* Date of Severance: The legal consequence of severance takes effect immediately from the date the marriage is solemnized, not from the date of inheritance dispute or partition.
The scope of Section 19 is primarily defined by its impact on succession and property rights:* Severance of Status: It converts the member of an undivided family into a separate entity, disentitling them from becoming a coparcener in the ancestral property of that family.* Succession Impact: The individual is cut off from the Hindu Succession Act (prior to the 2005 amendment implications) and can no longer claim a share in the joint family property as a coparcener; they are treated as if they were sui generis.* Proviso Application: The enforceability of this severance is subject to Section 21 and Section 21-A. Section 21-A (inserted via the Marriage Laws Amendment Act, 1976) acts as a saving provision, stating that if both parties in an inter-community marriage profess Hindu/Buddhist/Sikh/Jain religions, Sections 19 and 21 shall not apply, thereby preserving the joint family status in such specific cases.* Jurisdictional Context: Courts often cite Section 19 when discussing jurisdiction based on "residence" in matrimonial matters, as it alters the nature of residence by severing the connubial ties within the joint family structure.* Legitimacy of Children: While Section 19 deals with the spouse, it indirectly affects the legitimacy claims of children born of marriages solemnized under the Act, determining their share in the properties of their father versus the mother's undivided family.
Section 19 of the Special Marriage Act, 1954 does not contain any provision for punishment. It is purely a declaratory provision regarding the status of the individual and their family relations.* Civil Consequences Only: The consequences of violating the spirit of the Act or failing to comply with procedural steps related to marriage (like registration) are governed by other sections (e.g., Section 45 for false declarations) or general laws (IPC).* No Penalty for Severance: The mere operation of severance described in Section 19 does not attract criminal liability or specific civil penalties for the individual undergoing the severance.* Punishment in Related Provisions: Punishment related to the Act is found in Section 22 (for false statements/declarations) or Section 45 (Penalty for signing false declaration), but these are unrelated to the effect of Section 19 itself.
Subject to the provisions of section 19, and person whose marriage is solemnized under this Act shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 applies.
Notwithstanding any restrictions contained in the Indian Succession Act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect as if chapter III of Part V (special Rules for Parsi Intestates) had been omitted there from.
Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu, Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so much of section 20 as creates a disability shall also not apply.]
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.
1[Explanation.—Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]
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1. Added by Act 68 of 1976, sec. 23 (w.e.f. 27-5-1976).
(1) A petition for judicial separation may be presented to the district court either by the husband or the wife,—
(a) on any of the grounds specified 1[in sub-section (1)] 2[and sub-section (1-A)] of section 27 on which a petition for divorce might have been presented; or
(b) on the ground of failure to comply with a decree 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 judicial separation accordingly.
(2) 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
(1) Any marriage solemnized under this Act shall be null and void 4[and may, on a petition presented by either party thereto against the other party, be so declared] by a decree of nullity if—"
(i) any of the conditions specified in clauses (a), (b), (c) and (d) of section 4 has not been fulfilled; or
(ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.
(2) 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:
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Section 24 of the Special Marriage Act, 1954 (SMA) is a cornerstone provision concerning "Void Marriages." Unlike voidable marriages (Section 25), a void marriage is considered a nullity from its very inception and does not require a decree for it to be treated as void in certain limited contexts, though a judicial declaration is required to determine legal rights, such as succession and custody. This section empowers a court to declare a marriage null and void if it violates specific conditions prescribed under the Act, most notably Section 4 (conditions for marrying) or Section 15 (conditions for registration). The commentary below analyzes the essential ingredients, scope, judicial interpretations regarding nullity, and related procedural aspects based on the provided sources.
Section 24 states: "Void marriages. (1) Any marriage solemnized under this Act shall be null and void [and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity] if [it] is in violation of such clause as is specified in clauses (a) to (e) of Section 4 or any of the other conditions specified in Section 15."* Core Provision: It establishes that marriages violating fundamental conditions (disqualified persons, prohibited relationships) or registration requirements are automatically null.* Mechanism: It provides the mechanism for a party to petition the court to formally declare this nullity via a decree.* Distinction: It covers marriages solemnized under Chapter II (Chapter III applies differently where a marriage must already exist) and explicitly excludes marriages deemed solemnized under Section 18 unless the registration itself is contrary to Section 15 conditions.
Based on the case laws provided, the essential ingredients for invoking Section 24 include:* Solemnization under Act: A marriage must have been solemnized under the provision of the Special Marriage Act.* Violation of Statutory Conditions: There must be a violation of Section 4 (conditions for marrying) or Section 15 (conditions for registration). Common violations include: * Existence of a subsisting previous marriage (Bigamy) by either party at the time of the second marriage [Vijay Naibrao Jadhav VS State of Maharashtra, through Police Station Officer, Sushil Kumar Yadav, son of Lakhi Chand Yadav VS Indu Devi, d/o Shyam Bihari Prasad]. * Failure to give notice or residence requirements under Section 5 [Sadhan Kumar Roy VS Saraswati Roy]. * Absence of declaration required under Section 12(2) [NIRMAL DASS BOSE VS KM. MAMTA GULATI]. * Inability to perform essential marriage ceremonies required by personal law if invoked in Chapter III registration [Bandana Kayal Alias Singh VS Arun Kumar Singh].* Locus Standi: Generally, only the parties to the marriage can file a petition; third parties usually lack locus standi unless their civil rights/probate are directly affected [00900015821].
The scope of Section 24 extends beyond family disputes to property and succession, yet it faces limitations in third-party challenges:* Property and Administration of Estate: A marriage declared void under Section 24 renders the spouse ineligible to claim succession or letters of administration to the deceased's estate. The marriage is treated as invalid for testamentary purposes [Nevilee P. Mehta VS Dolly Mehta].* Pension Claims: A second wife under a Special Marriage Act, if unable to prove lack of a subsisting first marriage, cannot claim pensionary benefits to herself, though minor children of such a union may still be entitled to their share [Dipamani Kalita VS State of Assam, Dipamani Kalita W/o Lt. Sahabuddin Ahmed VS State Of Assam].* Interaction with Section 18: Marriage certificates registered under Chapter III are not conclusive proof of solemnization under Section 24. Such registrations can be challenged to be declared of no effect if conditions of Section 15 are violated [Bandana Kayal Alias Singh VS Arun Kumar Singh, BABY KAR ROY VS RAM RATI DEVI].* Exclusion of Voidable Marriages: Section 24 applies to void marriages, whereas voidable marriages (e.g., impotency, coercion) fall under Section 25 and have different procedural bars [M VS P. B. ].* Irretrievable Breakdown: Unlike some other jurisdictions, "irretrievable breakdown" is strictly not a ground for divorce or nullity under Section 24; courts must rely on statutory grounds like bigamy, underage marriage, or cruelty [HARENDRA NATH BURMAN VS SUPROVA BURMAN].
Section 24 itself is a civil provision for declaring a marriage null and does not prescribe criminal punishment. However, the circumstances leading to a Section 24 declaration often trigger criminal liabilities:* Bigamy (Section 494 IPC): If a second marriage is solemnized while a first spouse is living, the solemnization is illegal. However, conviction under Section 494 IPC requires strict proof of the existence and validity of the first marriage. If the first marriage was not legally valid (e.g., lacked witnesses or ceremonies), the person is not guilty of bigamy even if a decree under Section 24 is eventually sought [Ashrukana Das VS Raj Kumar Das, Nimita Guha VS Pintu Guha].* Fraud and Coercion: If a marriage is obtained through fraud or coercion (making it voidable or void under specific readings), it may attract criminal liabilities for cheating under Section 420 IPC or similar offenses, though these require separate trial [Nimita Guha VS Pintu Guha].* Procedural Non-Compliance: Solemnizing a marriage before an unqualified Marriage Officer or notary can lead to the marriage being held void, though this is a civil invalidity rather than a direct criminal penalty for the couple solely, though it may implicate the officer involved [Vijay Naibrao Jadhav VS State of Maharashtra, through Police Station Officer].
(Note: Specific "punishment" articles are detailed in Part 4X or IPC; Section 24 focuses on the civil status of the marriage.)
Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,—"
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872):
Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,—
(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
The Special Marriage Act, 1954, provides a legal framework for marriages in India, particularly for couples from different religions or communities. Section 25 of this Act addresses the annulment of marriages, specifically focusing on voidable marriages. This section is crucial for individuals seeking legal recourse in cases where consent was obtained through coercion or fraud, or where the marriage has not been consummated.
Section 25 states that any marriage solemnized under the Act shall be voidable and may be annulled by a decree of nullity if:1. The marriage has not been consummated owing to the willful refusal of the respondent to consummate the marriage.2. The consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872.
Section 25 applies to all marriages solemnized under the Special Marriage Act. It provides a legal remedy for individuals who find themselves in marriages that were not entered into freely or have not been consummated. The section emphasizes the importance of consent in marriage and protects individuals from fraudulent practices.
While Section 25 itself does not prescribe criminal penalties, it allows for civil remedies, including annulment of marriage. If fraud or coercion is proven, the aggrieved party can seek a decree of nullity, which effectively nullifies the marriage.
This commentary highlights the critical aspects of Section 25 of the Special Marriage Act, 1954, and its implications for individuals seeking annulment of their marriages.
(1) Notwithstanding that a marriage is null and void under section 24, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act."
(2) Where a decree of nullity is granted in respect of a voidable marriage under section 25, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it has been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.
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1[(1)] Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent—"
2[(a) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860);
3[***]
(d) has since the solemnization of the marriage treated the petitioner with
In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except insofar 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.]"
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1. Ins. by Act 68 of 1976, sec. 28 (w.e.f. 27-5-1976).
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(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved."
(2) 1[On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage
(1) No petition for divorce shall be presented to the district court 1[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 2[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 3[expiry of one year] from the date of the
Where a marriage has been dissolved by a decree of divorce; and either there is no right of appeal against the decree or if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, 7[***] either party to the marriage may marry again."
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1. The words “and one year has elapsed thereafter but not sooner” omitted by Act 68 of 1976, sec. 31 (w.e.f. 27-5-1976).
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[(1) Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose original civil jurisdiction—"
(i) the marriage was solemnized; or
(ii) the respondent, at the time of the presentation of the petition resides; or
(iii) the parties to the marriage last resided together; or
2[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years
(1) Every petition under Chapter V or Chapter VI shall state, as distinctly as the nature of the case permits the facts on which the claim to relief is founded, and shall also state that there is no collusion between the petitioner and the other party to the marriage."
(2) The statements contained in every such petition shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.
(1) 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.
(2) 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.]
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1. Subs. by Act 68 of 1976, sec. 33, for section 33 (w.e.f. 27-5-1976).
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(1) In any proceeding under Chapter V or Chapter VI, whether defended or not, if the court is satisfied that,—
(a) any of the grounds for granting relief exists; and
(b) 1[where the petition is founded on the ground specified in clause (a) of sub-section (1) of section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein], or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and
(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence; and
(d) the petition is not presented or prosecuted in collusion with the respondent; and
&
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, 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.]"
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1. Subs. by Act 68 of 1976, sec. 35, for section 35, (w.e.f. 27-5-1976).
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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."
1[Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the husband.]
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1.
(1) Any court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband’s property such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husband’s property and ability 2[the conduct of the parties and other circumstances of the case], it may seem to the court to be just."
(2) If the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the court to
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."
1[Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from
(1) All decrees made by the court in any proceeding under Chapter V or Chapter VI 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.
(2) 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 jurisdiction.
(3) There shall be no appeal under this section on the subject of costs only.
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.]"
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.
(1) Where-
(a) a petition under this Act has been presented to the district court having jurisdiction by a party to the marriage praying for a decree for judicial separation under section 23 or for a decree of divorce under section 27, and
(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for decree for judicial separation under section 23, or for decree of divorce under section 27 on any ground whether in the same district court or in a different district court, in the same State or in a different State, the petition shall be dealt with as specified in sub-section (2).
(2) In this case where sub
(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible and endeavor shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavor shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.
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.]
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1. Ins. by Act 68 of 1976, sec. 38 (w.e.f. 27-5-1976).
(1) 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 (5 of 1908), as it may consider expedient for the purpose of carrying into effect the provisions of Chapters V, VI and VII."
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules shall provide for,—
(a) the impleading by the petitioner of the adulterer as a co-respondent on a petition for divorce on the ground of adultery, and the circumstances in which the petitioner may be execused from doing so;
(b) the awarding of damages against any such co-espondent;
(c) the intervention in any proceeding under Chapter V or Chapter VI by an
Nothing contained in this Act shall affect the validity of any marriage not solemnized under its provisions; nor shall this Act be deemed directly or indirectly to affect the validity of any mode of contracting marriage.
Save as otherwise provided in Chapter III, every person who, being at the time married, procures, a marriage of himself or herself to be solemnized under this Act shall be deemed to have committed an offence under section 494 or section 495 of the Indian Penal Code, as the case my be, and the marriage so solemnized shall be void.
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, 1860 (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 person making, signing or attesting any declaration or certificate required by or under this Act containing a statement which is false and which he either knows or believes to be false or does not believe to be true shall be guilty of the offence described in section 199 of the Indian Penal Code, 1860 (45 of 1860).
Any Marriage Officer who knowingly an willfully solemnizes a marriage under this Act-
(1) without publishing a notice regarding such marriage as required by section 5, or
(2) within thirty days of the publication of the notice of such marriage, or
(3) in contravention of any other provision contained in this Act,
shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
(1) The Marriage Certificate Book kept under this Act shall at all reasonable times be open for inspection and shall be admissible as evidence of the statements therein contained."
(2) Certified extracts from the Marriage Certificate Book shall, on application, be given by the Marriage Officer to the applicant on payment by him of the prescribed fee.
Every Marriage Officer in a State shall send to 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 Governmnt may specify in this behalf.
(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction and the Marriage Officer shall make the like marginal entry in the certificate thereof."
(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.
(3) Where a copy of any entry has already been sent under section 48 to the Registrar-General or other authority the Marriage Officer shall make and send in like manner a separ
(1) The Central Government, in the case of 1[***] officers of the Central Government, and the State Government, in all other cases, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act."
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the duties and powers of Marriage Officers and the areas in which they may exercise jurisdiction;
(b) the manner in which a Marriage Officer may hold inquiries under this Act and the procedure therefor;
(c) the form and manner in which any books required by or under this Act shall be maintained;
(d) the fees tha
(1) The Special Marriage Act, 1872 (3 of 1872), and any law corresponding to the Special Marriage Act, 1872 (3 of 1872), in force in any Part B State immediately before the commencement of this Act are hereby repealed."
(2) Notwithstanding such repeal,—
(a) all marriages duly solemnized under the Special Marriage Act, 1872 (3 of 1872), or any such corresponding law shall be deemed to have been solemnized under this Act;
(b) all suits and proceedings in causes and matters matrimonial which, when this Act comes into operation, are pending in any court, shall be dealt with and decided by such court, so far as may be, as if they had been originally instituted therein under this Act.
(3) The provisions of sub-section (2) shall be without prejudice to
1. Mother.
2. Father’s widow (step-mother).
3. Mother’s mother.
4. Mother’s father’s widow (step grand-mother).
5. Mother’s mother’s mother.
6. Mother’s mother’s father’s widow (step great grand-mother).
7. Mother’s father’s mother.
8. Mother’s father’s father’s widow (step great grand-mother).
9. Father’s mother.
10. Father’s father’s widow (step-grand mother).
11. Father’s mother’s mother.
12. Fat
THE SECOND SCHEDULE
(See section 5)
NOTICE OF INTENDED MARRIAGE
To
Marriage Officer for the ...........................District.
We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.
Name
Condition
Occupation
Age
Dwelling place
Permanent place dwelling if present dwelling place not permanent
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THE THIRD SCHEDULE
(See section 11)
I, A.B., hereby declare as follows:—
1. I am at the present time unmarried (or a widower or a divorcee, as the case may be).
2. I have completed .....years of age.
3. I am not related to C.D. (the bride) within the degrees of prohibited relationship.
4. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.
THE FOURTH SCHEDULE
(See section 13)
CERTIFICATE OF MARRIAGE
I, E.F., hereby certify that on the .....day of.... 19...., A.B. and C.D1appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by section 11 and that a marriage under this Act was solemnized between them in my presence.
(Sd.) E.F.,
Marriage Officer for
(Sd.) A.B.,
Bridegroom
(Sd.) C.D.,
Bride
(Sd.) G.H.
&n
(See section 16)
CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS
I, E.F., hereby certify that A.B. and CD.1appeared before me this..............day of...............19.....and that each of them, in my presence and in the presence of three witnesses who have signed hereunder have declared that a ceremony of marriage has been performed between them and that they have been living together as husband and wife since the time of their marriage, and that in accordance with their desire to have their marriage registered under this Act, the said marriage has, this...............day of...............19..... been registered under this Act, having effect as from.
(Sd.) E.F.,
Marriage Officer for
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