SPECIAL MARRIAGE ACT 1954
EmailTHE SPECIAL MARRIAGE ACT, 1954
ACT No. 43 OF 1954
9th October, 1954
An Act to provide a special form marriagein certain cases, for the registration of such and certain other marriages andfor divorce
BE itenacted by Parliament in the Fifth Year of the Republic of Indiaas follows: –
CHAPTER I
PRELIMINARY
1.Shorttitle, extent and commencement: (1) This Act may be called theSpecial Marriage Act, 1954.
(2) Itextends to the whole of Indiaexcept the State of Jammu and Kashmir, andapplies also to citizens of Indiadomiciled in the territories to which this Act extends who are 1 [inthe State of Jammu and Kashmir].
(3) Itshall come into force on such date, as the Central Government may, bynotification in the Official Gazette, appoint.
____________________
1.Substituted for the words "outside the said territories" by theForeign Marriage Act, 1969 (33 of 1969) Section 29 (a).
2.Definitions:In thisAct, unless the context otherwise requires, –
(a) 1[*]
(b)"degree of prohibited relationship" – a man and any of the personsmentioned in Part I of the First schedule and a woman and any of the personmentioned in Part II of the said Schedule are within the degrees of prohibitedrelationship:
ExplanationI: 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 allterms of relationship in this Act shall be construed accordingly.
ExplanationII: "Full blood" and "half blood" – two persons aresaid to be related to each other by full blood when they are descended from acommon ancestor by the same wife and by half blood when they are descended froma common ancestor but by different wives.
ExplanationIII: "Uterine blood" – two persons are said to be related toeach other by uterine blood when they are descended from a common ancestressbut by different husbands.
ExplanationIV: In explanations II and III, "ancestor" includes the fatherand "ancestress" the mother.
(c) 1[*]
(d)"district", in relation to a Marriage Officer, means the area forwhich he is appointed as such under sub–section (1) or sub–section(2) of section 3;
2 [(e) "district court" means, inany area for which there is a city civil court, that court, and in any otherarea, the principal civil court of original jurisdiction, and includes anyother civil court which may be specified by the State Government bynotification in the Official Gazette as having jurisdiction in respect of thematters dealt with in this Act.]
(f)"prescribed" means prescribed by rules made under this Act;
(g)"State Government", in relation to a Part C State, means theLieutenant Governor or, as the case may be, the Chief Commissioner of the State.
____________________
1.Clause (a) and (c) omitted by the Foreign Marriage Act, 1969 (33 of 1969)Section 29 (b).
2.Substituted for the original Clause (e) by the Marriage Laws (Amendment) Act,1976 (68 of 1976) Section 20.
3.MarriageOfficers: (1)For the purpose of this Act, the State Government may, by notification in theOfficial Gazette, appoint one or more Marriage Officers for the whole or anypart of the State.
1 [(2)For the purposes of this Act, in its application to the citizens of Indiadomiciled in the territories to which the Act extends who are in the State ofJammu and Kashmir, the Central Government as it may think fit to be theMarriage Officers for the State or any part thereof.]
____________________
1.Substituted for the original sub-section (2) by the Foreign Marriage Act, 1969(33 of 1969) Section 29 (c).
CHAPTER II
SOLEMNIZATION OF SPECIAL MARRIAGES
4.Conditionsrelating to solemnization of special marriages: Notwithstanding anythingcontained in any other law for the time being in force relating to thesolemnization of marriages, a marriage between any two persons may besolemnized under this Act, if at the time of the marriage the followingconditions are fulfilled, namely: –
(a)neither party has a spouse living;
1 [(b) neither party-
(i) isincapable of giving a valid consent to it in consequence of unsoundness ofmind; or
(ii)though capable of giving a valid consent, has been suffering from mentaldisorder of such a kind or to such an extent as to be unfit for marriage andthe procreation of children; or
(iii)has been subject to recurrent attacks of insanity 2[*];]
(c) themale has completed the age of twenty–one years and the female the age ofeighteen years;
3 [(d) the parties are not within the degreesof prohibited relationship:
Providedthat where a custom governing at least one of the parties permits of a marriagebetween them, such marriage may be solemnized, notwithstanding that they arewithin the degrees of prohibited relationship; and]
4 [(e) where the marriage is solemnized inthe State of Jammu Kashmir, both the parties are citizens of India domiciled inthe territories to which this Act extends]
5[Explanation: In this section, "custom", in relation to aperson belonging to any tribe, community, group or family, means any rule whichthe State Government may, by notification in the Official Gazette, specify inthis behalf as applicable to members of that tribe, community, group or family:
Providedthat no such notification shall be issued in relation to the members of anytribe, community, group or family, unless the State Government is satisfied –
(i)that such rule has been continuously and uniformly observed for a long time among those members;
(ii)that such rule is certain and notunreasonable or opposed to public policy; and
(iii)that such rule, if applicable only to a family, has not been discontinued bythe family.]
____________________
1.Substituted for the original Clause (b) by the Marriage Laws (Amendment) Act, 1976(68 of 1976) Section 21.
2. Thewords "or epilepsy" omitted by the Marriage Laws (Amendment) Act,1999 (39 of 1999) Section 3.
3.Substituted for the original clause (d) by the Special Marriage (Amendment)Act, 1963 (32 of 1963) Section 2 (i).
4. Substitutedfor the original Clause (e) by the Foreign Marriage Act, 1969 (33 of 1969)Section 29 (d).
5. TheExplanation inserted by the Special Marriage (Amendment) Act, 1963 (32 of 1963)Section 2 (ii).
5.Noticeof intended marriage: when a marriage is intended to besolemnized under this Act, the parties to the marriage shall give noticethereof in writing in the form specified in the Second Schedule to the MarriageOfficer of the district in which at least the parties to the marriage hasresided for a period of not less than thirty days immediately preceding thedate on which such notice is given.
6.MarriageNotice Book and publication: (1) The marriage Officer shall keep allnotices given under Section 5 with the records of his office and shall also forthwithenter 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 forinspection at al reasonable times, without fee, by any person desirous ofinspecting the same.
(2) TheMarriage Officer shall cause every such notice to be published by affixing acopy thereof to some conspicuous place in his office.
(3)Where either of the parties to an intended marriage is not permanently residingwithin the local limits of the district of the Marriage Officer to whom thenotice has been given under section 5, transmitted to the Marriage Officer ofthe district within whose limits such party is permanently residing, and thatMarriage Officer shall thereupon cause a copy thereof to be affixed to someconspicuous place in his office.
7.Objectionto marriage: (1) Any person may, before the expiration of thirty daysfrom 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 contraveneone or more of the conditions specified in section 4.
(2)After the expiration of thirty days from the date on which notice of anintended marriage has been published under sub–section (2) of section 6,the marriage may be solemnized, unless it has been previously objected to undersub–section (1).
(3) Thenature of the objection shall be recorded in writing by the Marriage Officer inthe Marriage Notice Book, be ready over and explained, if necessary, to theperson making the objection and shall be signed by him or on his behalf.
8.Procedureon receipt of objection: (1) If an objection is made under section 7 toan intended marriage, the Marriage Officer shall not solemnize the marriageuntil he has inquired into the matter of the objection and is satisfied that itought not to prevent the solemnization of the marriage or the objection iswithdrawn by the person making it; but the Marriage Officer shall not take morethan thirty days from the date of the objection for the purpose of inquiringinto the matter of the objection and arriving at a decision.
(2) Ifthe Marriage Officer upholds the objection and refuses to solemnize themarriage, either party to the intended marriage may, within a period of thirtydays from the date of such refusal, prefer an appeal to the district courtwithin the local limits of whose jurisdiction the Marriage Officer has hisoffice, and the decision of the district court on such appeal shall be final,and the Marriage Officer shall act in conformity with the decision of the court.
9.Powersof Marriage Officers in respect of inquiries: (1) For the purpose of anyinquiry under section 8, the Marriage Officer shall have all the powers vestedin a civil court under the Code of Civil Procedure, 1908 (Act V of 1908), whentrying 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) receptionof evidence on affidavits; and
(e)issuing commissions for the examination of witnesses;
and anyproceeding before the Marriage Officer shall be deemed to be a judicialproceeding within the meaning of section 193 of the Indian Penal Code (Act XLVof 1860).
Explanation:For the purpose of enforcing the attendance of any person to give evidence,the local limits of the jurisdiction of the Marriage Officer shall be the locallimits of his district.
(2) Ifit appears to the Marriage Officer that the objection made to an intendedmarriage is not reasonable and has not been made in good faith he may impose onthe person objecting costs by way of compensation not exceeding one thousandrupees and award the whole or any part thereof to the parties to the intendedmarriage, and any order for costs so made may be executed in the same manner asa decree passed by the district court within the local limits of whosejurisdiction the Marriage Officer has his office.
10.Procedureon receipt of objection by Marriage Officer abroad: Wherean objection is made under section 7 to a Marriage Officer 1 [inthe 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 hethinks fit, entertains a doubt in respect thereof, he shall not solemnize themarriage but shall transmit the record with such statement respecting thematter 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 itthinks fit, shall give its decision thereon in writing to the Marriage Officerwho shall act in conformity with the decision of the Central Government.
____________________
1.Substituted for the words "outside the territories to which this Actextends in respect of an intended marriage outside the said territories"by the Foreign Marriage Act, 1969 (33 of 1969) Section 29 (e).
11.Declarationby parties and witnesses: Before the marriage is solemnized the partiesand three witnesses shall, in the presence of the Marriage Officer, sign adeclaration in the form specified in the Third Schedule to this Act, and thedeclaration shall be countersigned by the Marriage Officer.
12.Placeand form of solemnization: (1) The marriage may be solemnized at theoffice of the Marriage Officer, or at such other place within a reasonabledistance therefrom as the parties may desire, and upon such conditions and thepayment of such additional fees as may be prescribed.
(2) Themarriage may be solemnized in any form which the parties may choose to adopt:
Providedthat it shall not be complete and binding on the parties, unless each partysays to the other in the presence of the Marriage Officer and the threewitnesses and in any language understood by the parties,—"I, (A),take thee (B), to be my lawful wife (or husband)
13.Certificateof marriage: (1) When the marriage has been solemnized, theMarriage Officer shall enter a certificate thereof in the form specified in theFourth Schedule in a book to be kept by him for that purpose and to be calledthe Marriage Certificate Book and such certificate shall be signed by theparties to the marriage and the three witnesses.
(2) Ona certificate being entered in the Marriage Certificate Book by the MarriageOfficer, the Certificate shall be deemed to be conclusive evidence of the factthat a marriage under this Act has been solemnized and that all formalitiesrespecting the signatures of witnesses have been complied with.
14.Newnotice when marriage not solemnized within three months: Whenevera marriage is not solemnized within three calendar months from the date onwhich notice thereof has been given to the Marriage Officer as required bysection 5, or where an appeal has been filed under sub–section (2) ofsection 8, within three months from the date of the decision of the districtcourt on such appeal or, where the record of a case has been transmitted to theCentral Government under section 10, within three months from the date ofdecision of the Central Government, the notice and all other proceedingsarising therefrom shall be deemed to have lapsed, and no Marriage Officer shallsolemnize the marriage until a new notice has been given in the manner laiddown in this Act.
CHAPTER III
REGISTRATION OF MARRIAGES CELEBRATED INOTHER FORMS
15.Registrationof marriages celebrated in other forms: Any marriage celebrated,whether before or after the commencement of this Act, other than a marriagesolemnized under the Special Marriage Act, 1872 (III of 1872), or under thisAct, may be registered under this Chapter by a Marriage Officer in theterritories to which this Act extends if the following conditions arefulfilled, namely: –
(a) aceremony of marriage has been perform between the parties and they have beenliving 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) theparties have completed the age of twenty–one years at the time ofregistration;
(e)theparties are not within the degrees of prohibited relationship;
Providedthat in the case of a marriage celebrated before the commencement of this Act,this condition shall be subject to any law, custom or usage having the force oflaw governing each of them which permits of a marriage between the two; and
(f) theparties have been residing within the district of the Marriage Officer for aperiod of not less than thirty days immediately preceding the date on which theapplication is made to him for registration of the marriage.
16.Procedurefor registration: Upon receipt of an application signed byboth the parties to the marriage for the registration of their marriage underthis Chapter, the Marriage Officer shall give public notice thereof in suchmanner as may be prescribed and after allowing a period of thirty days forobjections and after hearing any objection received within the period, shall,if satisfied that all the conditions mentioned is section 15 are fulfilled,enter a certificate of the marriage in the Marriage Certificate Book in theform specified in the Fifth Schedule, and such certificate shall be signed bythe parties to the marriage and by three witnesses.
17.Appealsfrom orders under section 16: Any person aggrieved by any order of aMarriage Officer refusing to register a marriage under this Chapter may, withinthirty days from the date of the order, appeal against that order to thedistrict court within the local limits of whose jurisdiction the MarriageOfficer has his office, and the decision of the district court on such appealshall be final, and the Marriage Officer to whom the application was made shallact in conformity with such decision.
18.Effectof registration of marriage under this Chapter: Subject to the provisionscontained in sub–section (2) of section 24, where a certificate ofmarriage has been finally entered in the Marriage Certificate Book under theChapter, the marriage solemnized under this Act, and all children born afterthe date of the ceremony of marriage (Whose names shall also be entered n theMarriage Certificate Book) shall in all respects be deemed to be and always tohave been the legitimate children of their parents:
Providedthat nothing contained in this section shall be construed as conferring uponany such children any rights in or to the property of any person other thantheir parents in any case where, but for the passing of this Act, such childrenwould have been incapable of possessing or acquiring any such rights by reasonof their not being the legitimate children of their parents.
CHAPTER IV
CONSEQUENCES OF MARRIAGE UNDER THIS ACT
19.Effectof marriage on member of undivided family: The marriage solemnizedunder this Act of any member of an undivided family who professes the Hindu,Buddhist, Sikh or Jaina religion shall be deemed to effect his severance fromsuch family.
20.Rightsand disabilities not affected by Act: Subject to the provisions ofsection 19, any person whose marriage is solemnized under this Act, shall havethe same rights and shall be subject to the same disabilities in regard to theright of succession to any property as a person to whom the Caste DisabilitiesRemoval Act, 1850 (XXI of 1850) applies.
21.Successionto property of parties married under Act: Not–withstanding anyrestrictions contained in the Indian Succession Act, 1925 (XXXIX of 1925), withrespect to its application to members of certain communities, succession to theproperty of any person whose marriage is solemnized under this Act and to theproperty of the issue of such marriage shall be regulated by the provisions ofthe said Act and for the purposes of this section that Act shall have effect asif Chapter III of Part V (Special Rules for Parsi Intestates) had been omittedtherefrom.
1 [21A.Specialprovision in certain cases: Where the marriage is solemnized under this Actof any person who professes the Hindu, Buddhist, Sikh or Jaina religion with aperson who professes the Hindu, Buddhist, Sikh or Jaina religion, section 19and section 21 shall not apply and so much of section 20 as creates asdisability shall also not apply.]
____________________
1.Section 21A inserted by the Marriage Laws (Amendment) Act, 1976 (68 of 1976)Section 22.
CHAPTER V
RESTITUTION OF CONJUGAL RIGHTS ANDJUDICIAL SEPARATION
22.Restitutionof conjugal rights: When either the husband or the wife has,without reasonable excuse, withdrawn from the society of the other, theaggrieved party may apply by petition to the district court for restitution ofconjugal rights, and the court, on being satisfied of the truth of thestatements made in such petition, and that there is no legal ground why theapplication should not be granted, may decree restitution of conjugal rightsaccordingly.
1[Explanation: Where a question arises whether there has been reasonableexcuse for withdrawal from the society, the burden of proving reasonable excuseshall be on the person who has withdrawn from the society.]
____________________
1. TheExplanation inserted by the Marriage Laws (Amendment) Act, 1976 (68 of 1976)Section 23.
23.Judicialseparation: (1) A petition for judicial separation may bepresented to the district court either by the husband or the wife –
(a) onany of the grounds specified 1 [in sub-section (1) 2 [andsub-section (1A)] of section 27] on which a petition for divorce might havebeen presented; or
(b) onthe ground of failure to comply with a decree for restitution of conjugalrights;
and thecourt, 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 longerobligatory for the petitioner to cohabit with the respondent, but the courtmay, on the application by petition of either party and on being satisfied ofthe truth of the statements made in such petition, rescind the decree if itconsiders it just and reasonable to do so.
____________________
1.Substituted for the words, figures and brackets "in section 27 (other thanthe grounds specified in clause (i) and (j) thereof)" by the SpecialMarriage (Amendment) Act, 1970 (29 of 1970) Section 2.
2.Inserted by the Marriage Laws (Amendment) Act, 1976 (68 of 1976) Section 24.
CHAPTER VI
NULLITY OF MARRIAGE AND DIVORCE
24.Voidmarriages: (1) Any marriage solemnized under this Act shall be nulland void 1 [andmay, on a petition presented by either party thereto against the other party,be so declared] by a decree of nullity if –
(i) anyof the conditions specified in clause (a), (b), (c), and (d) of section 4 hasnot been fulfilled; or
(ii)the respondent was impotent at the time of the marriage and at the time of theinstitution of the suit.
(2)Nothing contained in this section shall apply to any marriage deemed to besolemnized under this Act within the meaning of section 18, but theregistration of any such marriage under Chapter III may be declared to be of noeffect if the registration was in contravention of any of the conditionsspecified in clause (a) to (e) of section 15.
Providedthat no such declaration shall be made in any case where an appeal has beenpreferred under section 17 and the decision of the district court has becomefinal.
____________________
1.Substituted for the words "any may be so declared" by the MarriageLaws (Amendment) Act, 1976 (68 of 1976) Section 25.
25.Voidablemarriage: Anymarriage solemnized under this Act shall be voidable and may be annulled by adecree of nullity if –
(i) themarriage has not been consummated owning to the wilful refusal of therespondent to consummate the marriage; or
(ii)the respondent was at the time of the marriage pregnant by some person otherthan the petitioner; or
(iii)the consent of either party to the marriage was obtained by coercion or fraud,as defined in the India Contract Act, 1872 (IX of 1872):
Providedthat, in the case specified in clause (ii), the court shall not grant a decreeunless it is satisfied, —
(a)that the petitioner was at the time of the marriage ignorant of the factsalleged;
(b)that proceedings were instituted within a year from the date of the marriage;and
(c)that marital intercourse with the consent of the petitioner has not taken placesince the discovery by the petitioner of the existence of the grounds for adecree:
Providedfurther that in the case specified in clause (iii), the court shall not grant adecree if,—
(a)proceedings have not been instituted within one year after the coercion haveceased or, as the case may be fraud had been discovered; or
(b) thepetitioner has with his or her free consent lived with the other party to themarriage as husband and wife after the coercion had ceased or, as the case maybe, the fraud had been discovered.
26.Legitimacyof children of void and voidable marriages: 1 [(1)Notwithstanding that a marriage is null and void under section 24, any child ofsuch marriage who would have been legitimate if the marriage had been valid,shall be legitimate, whether such child is born before or after thecommencement of the Marriage Laws (Amendment) Act, 1976, and whether or not adecree of nullity is granted in respect of that marriage under this Act andwhether or not the marriage is held to be void otherwise than on a petitionunder this Act.
(2)Wherea decree of nullity is granted in respect of a voidable marriage under section25, any child begotten or conceived before the decree is made, who would havebeen the legitimate child of the parties to the marriage if at the date of thedecree it has been dissolved instead of being annulled, shall be deemed to betheir legitimate child notwithstanding the decree of nullity.
(3)Nothingcontained in sub-section (1) or sub-section (2) shall be construed asconferring upon any child of a marriage which is null and void or which isannulled by a decree of nullity under section 25, any rights in or to theproperty of any person, other than the parents, in any case where, but for thepassing of this Act, such child would have been incapable of possessing oracquiring any such rights by reason of his not being the legitimate child ofhis parents.]
____________________
1.Substituted for the words for the original Section 26 by the Marriage Laws(Amendment) Act, 1976 (68 of 1976) Section 26.
27.Divorce: 1 [(1)]Subject to the provisions of this Act and to the rules made thereunder, apetition for divorce may be presented to the district court either by thehusband or the wife on the ground that the respondent –
2 [(a) has, after the solemnization of themarriage, had voluntary sexual intercourse with any person other than his orher spouse; or
(b) hasdeserted the petitioner for a continuous period of not less than two yearsimmediately preceding the presentation of the petition; or]
(c) isundergoing a sentence of imprisonment for seven years or more for an offence asdefined in the Indian Penal Code (Act XLV of 1860):
Providedthat divorce shall not be granted on this ground, unless the respondent hasprior to the presentation of the petition undergone at least three years’imprisonment out of the said period of seven years; or
(d) hassince the solemnization of the marriage treated the petitioner with cruelty; or
3 [(e) has been incurably of unsound mind,or has been suffering continuously or intermittently from mental disorder ofsuch a kind and to such an extent that the petitioner cannot reasonably beexpected to live with the respondent.
Explanation:In this clause, –
(a) theexpression "mental disorder" means mental illness, arrested orincomplete development of mind, psychopathic disorder or any other disorder ordisability of mind and includes schizophrenia;
(b) theexpression "psychopathic disorder" means a persistent disorder ordisability of mind (whether or not including sub-normality of intelligence)which results in abnormally aggressive or seriously irresponsible conduct onthe part of the respondent, and whether or not it requires or is susceptible tomedical treatment; or
(f) hasbeen suffering from venereal disease in a communicable form; or]
(g) has4[*] been suffering from leprosy, the disease not having been contractedfrom the petitioner; or
(h) hasnot been heard of as being alive for a period of seven years or more by thosepersons who would naturally have heard of the respondent if the respondent hadbeen alive; 5 [*]
6 [Explanation: In this sub-section,the expression "desertion" means desertion of the petitioner by theother party to the marriage without reasonable cause and without the consent oragainst the wish of such party, and includes the wilful neglect of thepetitioner by the other party to the marriage, and its grammatical variationsand cognate expressions shall be construed accordingly;]
(i) 7[*]
(j) 7[*]
8[*]
9 [(1A)A wife may also present a petition for divorce to the district court on theground, –
(i)that her husband has, since the solemnization of the marriage, been guilty ofrape, sodomy or bestiality;
(ii)that in a suit under section 18 of the Hindu Adoptions and Maintenance Act,1956, or in a proceeding under section 125 of the Code of Criminal Procedure,1973 (or under the corresponding section 488 of the Code of Criminal Procedure,1898), a decree or order, as the case may be, has been passed against thehusband awarding maintenance to the wife notwithstanding that she was livingapart and that since the passing of such decree or order, cohabitation betweenthe parties has not been resumed for one year or upwards.]
10 [(2)Subject to the provisions of this Act and to the rules made thereunder, eitherparty to a marriage, whether solemnized before or after the commencement of theSpecial Marriage (Amendment) Act, 1970, (29 of 1970) may present a petition fordivorce to the district court on the ground –
(i)that there has been no resumption of cohabitation as between the parties to themarriage for a period of one year or upwards after the passing of a decree forjudicial separation in a proceeding to which they were parties; or
(ii)that there has been no restitution of conjugal rights as between the parties tothe marriage for a period of one year or upward after the passing of a decreefor restitution of conjugal rights in a proceeding to which they were parties.]
____________________
1.Section 27 renumbered as sub-section (1) by the Special Marriage (Amendment) Act, 1970 (29 of 1970)Section 3.
2.Substituted for the original Clauses (a) and (b) by the Marriage Laws(Amendment) Act, 1976 (68 of 1976) Section 27 (a).
3.Substituted for the original Clause (e) and (f) by the Marriage Laws(Amendment) Act, 1976 (68 of 1976) Section 27 (c).
4. Thewords "for a period of not less than three years immediately preceding thepresentation of the petition" by the Marriage Laws (Amendment) Act, 1976(68 of 1976) Section 27 (d).
5. Theword "or" omitted by the Special Marriage (Amendment) Act, 1970 (29 of 1970) Section 3 (a)(i).
6. TheExplanation inserted by the Marriage Laws (Amendment) Act, 1976 (68 of 1976)Section 27 (e).
7. Clauses (i) and (j) omittedby the Special Marriage (Amendment) Act, 1970 (29 of 1970) Section 3 (a) (ii).
8. Thewords "and by the wife on the ground that her husband has, since thesolemnization of the marriage, been guilty of rape, sodomy or bestiality"by the Marriage Laws (Amendment) Act, 1976 (68 of 1976) Section 27 (f).
9. Sub-section (1A) inserted MarriageLaws (Amendment) Act, 1976 (68 of 1976) Section 27 (g).
10. Sub-section (2) inserted bythe Special Marriage (Amendment) Act, 1970 (29 of 1970) Section 3 (b).
1 [27A.Alternaterelief in divorce proceedings: In any proceeding under this Act, on apetition for dissolution of marriage by a decree of divorce, except in so faras 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 havingregard to the circumstances of the case, pass instead a decree for judicialseparation.]
____________________
1.Section 27A inserted by the Marriage Laws (Amendment) Act, 1976 (68 of 1976)Section 28.
28.Divorceby mutual consent: (1) Subject to the provisions of this Actand to the rules made thereunder, a petition for divorce may be presented tothe district court by both the parties together on the ground that they havebeen living separately for a period of one year or more, that they have notbeen able to live together and that they have mutually agreed that the marriageshould be dissolved.
(2) 1 [Onthe motion of both the parties made not earlier than six months after the dateof the presentation of the petition referred to in sub-section (1) and notlater than eighteen months] after the said date, if the petition is notwithdrawn in the meantime, the district court shall, on being satisfied, afterhearing the parties and after making such inquiry as it thinks fit, that amarriage has been solemnized under this Act and that the averments in thepetition are true, pass a decree declaring the marriage to be dissolved witheffect from the date of the decree.
____________________
1.Substituted for the words "On the motion of both the parties made notearlier than one year after the date of the presentation of the petitionreferred to in sub–section (1) and not later than two years" by theMarriage Laws (Amendment) Act, 1976 (68 of 1976) Section 29.
29.Restrictionon petitions for divorce during first three years after marriage: (1) Nopetition for divorce shall be presented to the district court 1 [unlessat the date of the presentation of the petition one year has passed] of thepetition three years have passed since the date of entering the certificate ofmarriage in the Marriage Certificate Book.
Providedthat the district court may, upon application being made to it, allow apetition to be presented 2 [before one year haspassed] on the ground that the case is one of exceptional hardship suffered bythe petitioner or of exceptional depravity on the part of the respondent, butif it appears to the district court at the hearing of the petition that thepetitioner obtained leave to present the petition by any misrepresentation orconcealment of the nature of the case the district court may, if it pronouncesa decree, do so subject to the condition that the decree shall not have effectuntil after the 3 [expiry of one year] from the date of themarriage or may dismiss the petition, without prejudice to any petition, whichmay be brought after the 4 [expiration of the said oneyear] upon the same, or substantially the same, facts as those proved insupport of the petition so dismissed.
(2) Indisposing of any application under this section for leave to present a petitionfor divorce before the 5 [expiration of one year]from the date of the marriage, the district court shall have regard to theinterests of any children of the marriage, and to the question whether there isa reasonable probability of a reconciliation between the parties before theexpiration of the 6 [said one year].
____________________
1.Substituted for the words "unless at the date of the presentation" bythe Marriage Laws (Amendment) Act, 1976 (68 of 1976) Section 30 (i) (a).
2.Substituted for the words "before three years have passed" by theMarriage Laws (Amendment) Act, 1976 (68 of 1976) Section 30 (i) (b) (1).
3.Substituted for the words "expiry of three years" by the MarriageLaws (Amendment) Act, 1976 (68 of 1976) Section 30 (i) (b) (2).
4.Substituted for the words "expiration of the said three years" by theMarriage Laws (Amendment) Act, 1976 (68 of 1976) Section 30 (i) (b) (3).
5.Substituted for the words "expiration of three years" by the MarriageLaws (Amendment) Act, 1976 (68 of 1976) Section 30 (ii) (a).
6.Substituted for the words "said three years" by the Marriage Laws(Amendment) Act, 1976 (68 of 1976) Section 30 (ii) (b).
30.Remarriageof divorced persons: Where a marriage has been dissolved by adecree of divorce, and either there is no right of appeal against he decree orif there is such a right of appeal, the time for appealing has expired withoutan appeal having been presented, or an appeal has been presented but has beendismissed, 1 [*], party to the marriage may marryagain.
____________________
1. Thewords "and one year has elapsed thereafter but not sooner" omitted bythe Marriage Laws (Amendment) Act, 1976 (68 of 1976) Section 31.
CHAPTER VII
JURISDICTION AND PROCEDURE
31.Courtto which petition should be made: 1 [(1)Every petition under Chapter V or Chapter VI shall be presented to the districtcourt within the local limits of whose original civil jurisdiction-
(i) themarriage 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
(iv)the petitioner is residing at the time of the presentation of the petition, ina case where the respondent is, at that time, residing outside the territoriesto which this Act extends, or has not been heard of as being alive for a periodof seven years by those who would naturally have heard of him if he werealive.]
(2)Without prejudice to any jurisdiction exercisable by the court under sub–section(1), the district court may, by virtue of this sub–section, entertain apetition by a wife domiciled in the territories to which this Act extends fornullity of marriage or for divorce if she is resident in the said territoriesand has been ordinarily resident therein for a period of three yearsimmediately preceding the presentation of the petition and the husband is notresident in the said territories.
____________________
1.Substituted for the original Sub-section (1) by the Marriage Laws (Amendment)Act, 1976 (68 of 1976) Section 32.
32.Contentsand verification of petitions: (1) Every petition under Chapter V orChapter VI shall state, as distinctly as the nature of the case permits, thefacts on which the claim to relief is founded, and shall also state that thereis no collusion between the petitioner and the other party to the marriage.
(2) Thestatements contained in every such petition shall be verified by the petitioneror some other competent person in the manner required by law for theverification of plaints, and may, at the hearing, be referred to as evidence.
1 [33.Proceedingsto be in camera and may not be printed or published: (1) Every proceedingunder this Act shall be conducted in camera and it shall not be lawful for anyperson to print or publish any matter in relation to any such proceeding excepta judgment of the High Court or of the Supreme Court printed or published withthe previous permission of the Court.
(2) Ifany person prints or publishes any matter in contravention of the provisionscontained in sub-section (1), he shall be punishable with fine which may extendto one thousand rupees.]
____________________
1.Substituted for the original Section 33 by the Marriage Laws (Amendment) Act,1976 (68 of 1976) Section 33.
34.Dutyof court in passing decrees: (1) In any proceeding under Chapter V orChapter VI, whether defended or not, if the court is satisfied that, –
(a) anyof the grounds for granting relief exists; and
(b) 1 [wherethe 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 orconnived 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 anymanner condoned the cruelty; and
(c)when divorce is sought on the ground of mutual consent, such consent has notbeen obtained by force, fraud or undue influence; and
(d) thepetition is not present or prosecuted in collusion with the respondent; and
(e)there has not been any unnecessary or improper delay in instituting theproceeding; and
(f)there is no other legal ground why the relief should not be granted;
then,and in such a case, but not otherwise, the court shall decree such reliefaccordingly.
(2)Before proceeding to grant any relief under this Act it shall be the duty ofthe court in the first instance, in every case where it is possible so to doconsistently with the nature and circumstances of the case, to make everyendeavour to bring about reconciliation between the parties.
2[Provided that nothing contained in this sub-section shall apply to anyproceeding wherein relief is sought on any of the grounds specified in clause(c), clause (e), clause (f), clause (g) and clause (h) of sub-section (1) ofsection 27.]
3 [(3) For the purpose of aidingthe court in bringing about such reconciliation, the court may, if the partiesso desire or if the court thinks it just and proper so to do, adjourn theproceedings for a reasonable period not exceeding fifteen days and refer thematter to any person named by the parties in this behalf or to any personnominated by the court if the partiesfail to name any person, with directions to report to the court as to whetherreconciliation can be and has been, effected and the court shall in disposingof the proceeding have due regard to the report.
(4) In every case where amarriage is dissolved by a decree of divorce, the court passing the decreeshall give a copy thereof free of cost to each of the parties.]
____________________
1.Substituted for the words "where the ground of the petition is adultery,the petitioner has not in any manner been accessory to or connived at orcondoned the adultery" by the Marriage Laws (Amendment) Act, 1976 (68 of1976) Section 34 (a).
2. TheProviso inserted by the Marriage Laws (Amendment) Act, 1976 (68 of 1976)Section 34 (b).
3.Sub-sections (3) and (4) inserted by the Marriage Laws (Amendment) Act, 1976(68 of 1976) Section 34 (b).
1 [35.Relieffor respondent in divorce and other proceedings: In any proceeding fordivorce or judicial separation or restitution of conjugal rights, therespondent may not only oppose the relief sought on the ground of petitioner’sadultery, cruelty or desertion, but also make a counter-claim for any reliefunder this Act on that ground, and if the petitioner’s adultery, cruelty ordesertion is proved, the court may give to the respondent any relief under thisAct to which he or she would have been entitled if he or she had presented apetition seeking such relief on that ground.]
____________________
1.Substituted for the for the original Section 35 by the Marriage Laws(Amendment) Act, 1976 (68 of 1976) Section 35.
36.Alimonypendente lite: Where in any proceeding under Chapter V or Chapter VIit appears to the district court that the wife has no independent incomesufficient for the r support and the necessary expenses of the proceeding, itmay, on the application of the wife, order the husband to pay to her theexpenses of the proceeding, and weekly or monthly during the proceeding suchsum as having regard to the husband’s income, it may seem to the court to bereasonable.
1 [Provided that the applicationfor the payment of the expenses of the proceeding and such weekly or monthlysum during the proceeding under Chapter V or Chapter VI, shall, as far aspossible, be disposed of within sixty days from the date of service of noticeon the husband.]
____________________
1. TheProviso inserted by the Marriage Laws (Amendment) Act, 2001 (49 of 2001)Section 6.
37.Permanentalimony and maintenance: (1) Any court exercising jurisdictionunder Chapter V or Chapter VI may, at the time of passing any decree or at anytime subsequent to the decree, on application made to it for the purpose, orderthat the husband shall secure to the wife for her maintenance and support, ifnecessary, by a charge on the husband’s property, such gross sum or suchmonthly 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 1 [theconduct of the parties and other circumstances of the case], it may seem to thecourt to be just.
(2) Ifthe district court is satisfied that there is a change in the circumstances ofeither 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 suchorder in such manner as it may seem to the court to be just.
(3) Ifthe district court is satisfied that the wife in whose favour an order has beenmade under this section has remarried or is not leading a chaste life, 2 [itmay, at the instance of the husband vary, modify or rescind any such order andin such manner as the court may deem just].
____________________
1.Substituted for the words "and the conduct of the parties" by theMarriage Laws (Amendment) Act, 1976 (68 of 1976) Section 36 (a).
2.Substituted for the words "it shall rescind the order" by theMarriage Laws (Amendment) Act, 1976 (68 of 1976) Section 36 (b).
38.Custodyof Children: In any proceeding under Chapter V or Chapter VI thedistrict court may, from time to time, pass such interim orders and make suchprovisions in the decree as it may seem to it to be just and proper withrespect 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 suchdecree or interim orders in case the proceeding for obtaining such decree werestill pending.
1 [Provided that the applicationwith respect to the maintenance and education of the minor children, during theproceeding, under Chapter V or Chapter VI, shall, as far as possible, bedisposed of within sixty days from the date of service of notice on therespondent.]
____________________
1. TheProviso inserted by the Marriage Laws (Amendment) Act, 2001 (49 of 2001)Section 7.
1 [39.Appealsfrom decrees and orders: (1) All decrees made by the court in anyproceeding under Chapter V or Chapter VI shall, subject to the provisions ofsub-section (3), be appealable as decrees of the court made in the exercise ofits original civil jurisdiction, and such appeal shall lie to the court towhich appeals ordinarily lie from the decisions of the court given in theexercise of its original civil jurisdiction.
(2)Orders made by this court in any proceeding under this Act under section 37 orsection 38 shall, subject to the provisions of sub-section (3), be appealableif they are not interim orders, and every such appeal shall lie to the court towhich appeals ordinarily lie from the decisions of the court given in theexercise of its original civil jurisdiction.
(3)There shall be no appeal under this section on the subject of costs only.
(4)Every appeal under this section shall be preferred within a period of thirtydays from the date of the decree or order.
39A.Enforcementof decrees and orders: All decrees and orders made by the courtin any proceeding under Chapter V or Chapter VI shall be enforced in the likemanner as the decrees and orders of the court made in the exercise of itsoriginal civil jurisdiction for the time being are enforced.]
____________________
1.Sections 39 and 39A substituted for the original Section 39 by the MarriageLaws (Amendment) Act, 1976 (68 of 1976) Section 37.
40.Applicationof Act V of 1908: Subject to the other provisions containedin this Act, and to such rules as the High Court may make in this behalf, allproceedings under this Act shall be regulated, as far as may be, by the Code ofCivil Procedure, 1908 (Act V of 1908).
1 [40A.Power to transfer petitionsin certain cases: (1) Where-
(a) a petition under this Acthas been presented to the district court having jurisdiction by a party to themarriage praying for a decree for judicial separation under section 23 or for adecree of divorce under section 27, and
(b) another petition under thisAct has been presented thereafter by the other party to the marriage prayingfor decree for judicial separation under section 23, or for decree of divorceunder section 27 on any ground whether in the same district court or in adifferent district court, in the same State or in a different State,
the petition shall be dealtwith as specified in sub–section (2).
(2) In a case where sub–section(1) applies, —
(a) if the petitions arepresented to the same district court, both the petitions shall be tried andheard together by that district court;
(b) if the petitions arepresented to different district courts, the petition presented later shall betransferred to the district court in which the earlier petition was presentedand both the petitions shall be heard and disposed of together by the districtcourt in which the earlier petition was presented.
(3) In a case where clause (b)of sub–section (2) applies, the court or the Government, as the case maybe, competent under the Code of Civil Procedure, 1908 (5 of 1908) to transferany suit or proceeding from the district court in which the later petition hasbeen 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 beenempowered so to do under the said Code.
40B.Special provision relatingto trial and disposal of petitions under the Act: (1) The trial of a petition under this Act shall, sofar as is practicable consistently with the interests of justice in respect ofthe trial, be continued from day to day until its conclusion, unless the courtfinds the adjournment of the trial beyond the following day to be necessary forreasons to be recorded.
(2) Every petition under thisAct shall be tried as expeditiously as possible and endeavour shall be made toconclude the trial within six months from the date of service of notice of thepetition on the respondent.
(3) Every appeal under this Actshall be heard as expeditiously as possible, and endeavour shall be made toconclude the hearing within three months from the date of service of notice ofappeal on the respondent.
40C.Documentary evidence: Notwithstanding anythingcontained in any enactment to the contrary, no document shall be inadmissiblein evidence in any proceeding at the trial of a petition under this Act on theground that it is not duly stamped or registered.]
____________________
1.Sections 40A, 40B and 40C inserted by the Marriage Laws (Amendment) Act, 1976(68 of 1976) Section 38.
41.Powerof High Court to make rules regulating procedure: (1) The High Court shall, bynotification in the Official Gazette, make such rules consistent with theprovisions contained in this Act and the Code of Civil Procedure, 1908 (Act Vof 1908), as it may consider expedient for the purpose of carrying into effectthe provisions of Chapter V,VI and VII.
(2) Inparticular, and without prejudice to the generality of the foregoing provision,such rules shall provide for, –
(a) theimpleading by the petitioner of the adulterer as a co–respondent on apetition for divorce on the
groundof adultery, and the circumstances in which the petitioner may be excused fromdoing so;
(b) theawarding of damages against any such co–respondent;
(c) theintervention in any proceeding under Chapter V or Chapter VI by any person notalready a party thereto;
(d) theform and contents of petitions for nullity of marriage or for divorce and thepayment of costs incurred by parties to such petitions; and
(e) anyother matter for which no provision or no sufficient provision is made in thisAct, and for which provision is made in the Indian Divorce Act, 1869 (IV of1869).
CHAPTER VIII
MISCELLANEOUS
42.Saving:Nothingcontained in this Act shall effect the validity of any marriage not solemnizedunder its provisions; nor shall this Act be deemed directly or indirectly toaffect the validity of any mode of contracting marriage.
43.Penaltyon married person marrying again under this Act: Save as otherwise providedin Chapter III, every person who, being at the time married, procures amarriage of himself to others to be solemnized under this Act shall be deemedto have committed an offence under section 494 or section 495 of the IndianPenal Code (Act XLV of 1860), as the case may be, and the marriage sosolemnized shall be void.
44.Punishmentof bigamy: Every person whose marriage is solemnized under thisAct and who, during th life time of his or her wife or husband contracts anyother marriage shall be subjected to the penalties provided in section 494 andsection 495 of the Indian Penal Code (Act XLV of 1860), for the offence ofmarrying again during the lifetime of a husband or wife, and the marriage socontracted shall be void.
45.Penaltyfor signing false declaration or certificate: Every person making, signingor attesting any declaration or certificate required by or under this Actcontaining a statement which is false and which he either knows or believes tobe false or does not believe to be true shall be guilty of the offencedescribed in section 199 of the Indian Penal Code (Act XLV of 1860).
46.Penaltyfor wrongful action of Marriage Officer: Any Marriage Officer whoknowingly and wilfully 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) incontravention of any other provision contained in this Act,
shallbe 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.
47.MarriageCertificate Book to be open to inspection: (1) The Marriage CertificateBook kept under this Act shall at all reasonable times be open for inspectionand shall be admissible as evidence of the statements therein contained.
(2)Certified extracts from the Marriage Certificate Book shall, on application, begiven by the Marriage Officer to the applicant on payment by him of theprescribed fee.
48.Transmissionof copies of entries in marriage records: Every Marriage Officer in aState shall send to the Registrar–General of Births, Deaths andMarriages of that State at such intervals and in such form as may beprescribed, a true copy of all entries made by him in the Marriage CertificateBook since the last of such intervals, and, in the case of Marriage Officersoutside the territories to which this Act extends, the true copy shall be sentto such authority as the Central Government may specify in this behalf.
49.Correctionof errors: (1) Any marriage Officer who discovers any error inthe form of substance of any entry in the Marriage Certificate Book may, withinone month next after the discovery of such error, in the presence of thepersons married or, in case of their death or absence, n the presence of twoother credible witnesses, correct the error by entry in the margin without anyalternative of the original entry and shall sign the marginal entry and addthereto the date of such correction and the Marriage Officer shall make thelike marginal entry in the certificate thereof.
(2)Every correction made under this section shall be attested by the witnesses inwhose presence it was made.
(3)Where a copy of any entry has already been sent under section 48 to theRegistrar–General or other authority the Marriage Officer shall make andsend in like manner a separate certificate of the original erroneous entry andof the marginal correction therein made.
50.Powerto make rules: (1) The Central Government, in the case of 1 [*]officers of the Central Government, and the State Government, in all othercases, may, be notification in the Official Gazette, make rules for carryingout the purposes of this Act.
(2) Inparticular, and without regicide to the generality of the foregoing power suchrules may provide for all or any of the following matters, namely: –
(a) theduties and powers of Marriage Officers and the areas in which they may exercisejurisdiction;
(b) themanner in which a Marriage Officer may hold inquiries under this Act and theprocedure therefor;
(c) theform and manner in which any books required by or under this Act shall bemaintained.
(d) thefees that may be levied for the performance of any duty imposed upon a MarriageOfficer under this Act;
(e) themanner in which public notice shall be given under section 16;
(f) theform in which, and the intervals within which, copies of entries in theMarriage Certificate Book shall be sent in pursuance of section 48;
(g) anyother matter which may be or requires to be prescribed.
2 [(3)Every rule made by the Central Government under this Act shall be laid, as soonas may be after it is made, before each House of Parliament, while it is insession, for a total period ofthirty days which may be comprised in one session or in two or more successivesessions, and if, before the expiry of the session immediately following thesession or the successive sessions aforesaid, both Houses agree in making anymodification 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 noeffect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previouslydone under that rule.
(4)Every rule made by the State Government under this Act shall be laid, as soonas it is made, before the State Legislature.]
____________________
1. Thewords " diplomatic and consular officer and other" by the ForeignMarriage Act, 1969 (33 of 1969) Section 29 (c).
2.Sub-sections (2) and (3) inserted by the Delegated Legislation Provisions(Amendment) Act, 1983 (20 of 1983) Section 2 and Schedule, 31.
51.Repealsand savings: (1) The Special Marriage Act 1872 (III of 1872), andany law corresponding to the Special Marriage Act, 1872, in force in an Part BState immediately before the commencement of this Act are hereby repealed.
(2)Notwithstanding such repeal, –
(a) allmarriages duly solemnized under the Special Marriage Act, 1872 (III of 1872),or any such corresponding law shall be deemed to have been solemnized underthis Act;
(b) allsuits and proceedings in causes and matters matrimonial which, when this Actcomes into operation, are pending in any court, shall be dealt with the decidedby such court, so far as may be, as if they had been originally institutedtherein under this Act.
(3) Theprovisions of sub–section (2) shall be without prejudice to theprovisions contained in section 6 of the General Clauses Act.1897 (X of1897), which shall also apply to the repeal of the corresponding law as if suchcorresponding law had been an enactment.
THE FIRST SCHEDULE
[See section 2 (b) "Degrees of Prohibitedrelationship"]
PART I
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. Father’s mother’s father’s widow (stepgreat grand–mother)
13. Father’s fasther’s mother
14. Father’s father’s father’s widow (stepgreat grand mother)
15. Daughter
16. Son’s widow
17. Daughter’s daughter
18. Daughter’s son’s widow
19. Son’s daughter
20. Son’s son’s widow
21. Daughter’s daughter’s daughter
22. Daughter’s daughter’s son’s widow
23. Daughter’s son’s daughter
24. Daughter’s son’s son’s widow
25. Son’s daughter’s daughter
26. Son’s daughter’s son’s widow
27. Son’s son’s daughter
28. Son’s son’s son’s widow
29. Sister
30. Sister’sdaughter
31. Brother’s daughter]
32. Mother’s sister
33. Father’s sister
34. Father’s brother’s daughter
35. Father’s sister’s daughter
36. Mother’s sister’s daughter
37. Mother’s brother’s daughter
Explanation:For the Purposes of this Part, the expression "widow" includes adivorced wife.
PART II
1. Father
2. Mother’s husband (step–father)
3. Father’s fathter
4. Father’s mother’s husband (stepgrand–father)
5. Father’s father’s father
6. Father’s father’s mother’s husband(step great grand–father)
7. Father’s mother’s father
8. Father’s mother’s mother’s husband(Step great grand–father)
9. Mother’s father
10. Mother’s mother’s husband (step grand–father)
11. Mother’s father’s father
12. Mother’s father’s mother’s husband(step great grand–father)
13. Mother’s mother’s father
14. Mother’s mother’s mother’s husband(step great grand–father)
15. Son
16. Daughter’s husband
17. Son’s son
18. Son’s daughter’s husband
19. Daughter’s son
20. Daughter’s daughter’s husband
21. Son’s son’s son
22. Son’s son’s daughter’s husband
23. Son’s daughter’s son
24. Son’s daughter’s daughter’s husband
25. Daughter’s son’s son
26. Daughter’s son’s daughter’s husband
27. Daughter’s daughter’s son
28. Daughter’s daughter’s daughter’shusband
29. Brother
30. Brother’s son
31. Sister’s son
32. Mother’s brother
33. Father’s brother
34. Father’s brother’s son
35. Father’s sister’s son.
36. Mother’s sister’s son
37. Mother’s brother’s son
Explanation:For the purpose of this Part, the expression "husband" includes adivorced husband.
THE SECOND SCHEDULE
(See section 5)
NOTICE OF INTENDED MARRIAGE
To
Marriage Officer for the District.
Wehereby give you notice that a marriage under Special Marriage Act, 1954, isintended to be solemnized between us within three calendar months from the datehereof.
______________________________________________________________________________________________
Name Condition Occupation Age Dwelling Permanent dwelling Lengthof
Place place residence
ifpresent dwelling
place not permanent
______________________________________________________________________________________________
A, B. Unmarried
Widower
Divorcee
C.D. Unmarried
Widow
Divorcee
Witnessour hands this day of 19
(S.d.) A.B.
(S.d.) C.D.
THE THIRD SCHEDULE
(See section 11)
DECLARATION TO BE MADE BY HE BRIDEGROOM
I, A.B.,hereby declare as follows:
1.I am at the present timeunmarried (or a widower or a divorcee, as the case may be).
2.I have completedyearsof age.
3.I am not related to C.D.(thebride) within the degrees of prohibited relationship.
4.I am aware that, if any statementin this declaration is false, and if in making such statement, I either know orbelieve it
to be false or do not believe it to true.I am liable to imprisonment and also to fine.
(S.d),A.B.(the Bridegroom)
DECLARATION TO BE MADE BY HE BRIDE
I, C.D.,hereby declare as follows;–
1.I am at the present timeunmarried (or a widow or a divorcee, as the case may be).
2.I have completedyearsof age.
3.I am not related to A.B.(theBridegroom) 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 betrue, I am liable to imprisonment and also to fine.
(S.d) C.D. (the Bride)
Signedin our presence by the above–named A.B. and C.D.so far as we are aware there is no lawful impediment to the marriage.
(S.d)G.H., ]
]
(S.d) I.J. ] ——– Three witnesses
]
(S.d)K.L ].
CountersignedE.F.,
Marriage Officer.,
Datedthe day of 19
THE FOURTH SCHEDULE
(See Section 13)
CERTIFICATE OF MARRIAGE
I, E.F.hereby certify that on the day of 19A.B. and C.D.*
beforeme and that each of them, in my presence and in the presence of three witnesseswho have signed hereunder, made the declarations of required by section 11 and that a marriageunder this Act was the solemnized between them in my presence
(S.d) E.F.,
MarriageOfficer for
(S.d) A.B.,
Bridegroom
(S.d) C.D.,
Bride
(S.d)G.H., ]
]
(S.d)I.J. ] ——– Three witnesses
]
(S.d)K.L ].
Datedthe day of 19
____________________
1. *Here in give particulars of the parties
THE FIFTH SCHEDULE
(See section 16)
CERTIFICATE OF MARRIAGE CELEBRATED INOTHER FORMS
I, E.F.,hereby certify that A.B. and C.D* appearedbefore me this day 19and that each of them, in my presence have declared that a ceremony of marriagehas been performed between them and that they have been living together ashusband and wife wince the time of their marriage, and that in accordance withtheir desire to have their marriage registered under this Act the said marriagehas, this Day of 19 been registered underthis Act, having effect as from
(S.d) E.F.
Marriage Officer for
(S.d) A.B.
Husband
(S.d) C.D.
Wife
(S.d) G.H.
(S.d) I.J.Three witnesses.
(S.d)K.L.
Datedthe day of 19.
____________________
* Herein give particulars of the parties
