The Special Marriage Act, 1954

Act No. 43

9-Oct-1954

Section 1 — Short title, extent and commencement .―(1) This Act may be called the Special Marriage

1. Short title, extent and commencement .―(1) This Act may be called the Special Marriage Act, 1954.

(2)It extends to the whole of India 2***, and applies also to citizens of India domiciled in the territories to which this Act extends who are 3[in th e State of Jammu and Kashmir].

(3)It shall come into force on such date4 as the Central Government may, by notification in the Official Gazette, appoint.

Section 2 — Definitions .―In this Act, unless the context otherwise requires, ―

2. Definitions .―In this Act, unless the context otherwise requires, ― 5* * * * *

(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 .―Relation ship 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 ac cordingly. Explanation II .―“Full blood ” and “half blood ”―two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives. Explanation III .―“Uterine blood ”―two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands. Explanation IV .―In Explanations II and III, “ancestor ” includes the father and “ancestress ” the mother; 6* * * * *

(d)“district ” in relation to a Marriage Officer, means the area for which he is appointed as such under sub -section ( 1) or sub -section ( 2) of section 3; 7[(e) “district court ” means, in any are a for which there is a city civil court, that court, and in any other area, the principal civil court of original jurisdiction, and includes any other civil court which

Section 1 — The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I and to Pondicherry by Reg. 7 of

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

Section 4 — 1st January, 1955, vide notification No. S.R.O. 3606, dated 17th December, 1954, published in the Gazette of India,

4. 1st January, 1955, vide notification No. S.R.O. 3606, dated 17th December, 1954, published in the Gazette of India, Extraordinary, P art II, Section 3. The Act h as been extended to State of Sikkim vide notification No. S. O. 1629(E) , dated 15th April 2021 , see Gazette of Ind ia, Extraordinary , Part II, se c. 3 (ii).

Section 5 — Omitted by Act 33 of 1969, s. 29.

5. Omitted by Act 33 of 1969, s. 29.

Section 6 — Omitted by s. 29, ibid.

6. Omitted by s. 29, ibid.