(Act No.43 of 1954)
An Act to provide a special form of marriage in certain cases, for
the registration of such and certain other marriages and for divorce. Be it
enacted by Parliament in the Fifth Year of the Republic of India as follows:
Preliminary
- (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 the Act
extends who are in the State of Jammu and Kashmir. (3) It shall come into force
on such date, i.e.1st January, 1955 as the Central Government may, by
notification in the Official Gazette, appoint.
Solemnization of Special
Marriages
4. Conditions relating to
solemnization of special marriage.-
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: (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 or epilepsy; (c) the male has
completed the age of twenty-one years and the female the age of eighteen years;
(d) the parties are not within the degrees of prohibited relationship: Provided
that where a custom governing at least one of the parties permits of a marriage
between them, such marriage may be solemnized, notwithstanding that they are
within the degrees of prohibited relationship: and
(e) where the marriage is solemnized in the State of Jammu and
Kashmir, both parties are citizens of India domiciled in the territories to
which this Act extends.
Explanation- In this section, "customs, in relation to a
person belonging to any tribe, community, group or family, means any rule which
the State Government may, by notification in the Official Gazette, specify in
this behalf as applicable to members of that tribe, community, group or family:
Provided that no such notification shall be issued in relation to
the members of any tribes, 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 not unreasonable or opposed to public policy; and (iii) that such rule is
applicable only to a family, has not been discontinued by the family.
5. Notices of intended marriage.- When a marriage is intended to be
solemnized under this Act, the parties of 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.
6.. Marriage Notice Book and
publication.-(1) The Marriage Officer shall keep all notices given under
Sec. 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 Sec. 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 such party is permanently residing, and that Marriage
Officer shall thereupon cause a copy thereof to be affixed to some conspicuous
place in his office. 7. Objection to marriage.- (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 Sec. 6, object to the marriage on the ground
that it would contravene one or more of the conditions specified in Sec.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 Sec. 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. 8. Procedure on receipt of objection.- If an objection is made
under Sec. 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 withdraw 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 Marriage Officer shall act in conformity with the decision of the
Court. 9. Powers of Marriage Officers in respect of inquiries.- (1)For the
purpose of any inquiry under Sec.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 on 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 Sec.193 of the
Indian Penal Code(45 of 1960). 2) If it appears to the Marriage Officer that
the objection made to an intended marriage is not reasonable and has not been
made in good faith he may impose on the person objecting costs, by way of
compensation not exceeding one thousand rupees, and award the whole, or any part
thereof to the parties to the intended marriage, and any order of costs so made
may be executed in the same manner as a decree passed by the District Court
within the local limits of whose jurisdiction the Marriage Officer has his
office. 10. Procedure on receipt of objection by Marriage Officer abroad.-
Where an objection is made under Sec.7 to a Marriage Officer 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 shall act in
conformity with the decision of the Central Government. 11. Declaration by
parties and witnesses.- 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. 12. Place and form of solemnization.-
(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 payments 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 witnessess and in any language understood by the
parties,- "I (A) take thee (B), to be my lawful wife (or husband)".
13. Certificate of marriage.-(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. 14. New notice when
marriage not solemnized within three months.-Whenever a marriage is not
solemnized within three calender months from the date on which notice thereof
has been given to the Marriage Officer as required by Sec. 5 or where an appeal
has been filed under sub-section (2) of Sec.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 Sec.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
RIGHTS AND DISABILITIES
Consequences of Marriage under this Act 19. Effect of marriage on
member of undivided family- The marriage solemnized under 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 from such family. 20. Rights
and disabilities not affected by Act.- Subject to the provisions of Sec. 19,
any 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 (21 of 1850), applies. 21. Succession to property of parties married
under Act.- Notwithstanding any restrictions contained in the Indian Succession
Act,1925 (39 of 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 (Special Rules for Parsi Intestates)
had been omitted therefrom. 21-A. Special provision in certain cases .- Where
the marriage is solemnized under this Act of any person who professes the
Hindu, Buddhist, Sikh or Jain religion with a person who professes the Hindu,
Buddhish, Sikh or Jain religion. Secs. 19 and 21 shall not apply and so much of
Sec. 20 as creates a disability shall also not apply.
Restitution of Conjugal Rights and Judicial Separation
22. Restitution of conjugal rights.- When either the husband or
the wife has, without reasonable excuse, withdrawn from the society of the
other the aggrieved party may apply by petition to the District Court for
restitution of conjugal rights, and the Court, on being satisfied of the truth
of the statements made in such petition, and that there is no legal ground why
the application should not be granted, may decree restitution of conjugal
rights accordingly. Explanation- Where a question arises whether there has been
reasonable excuse for withdrawal from the society, the burden of proving
reasonable excuse shall be on the person who has withdrawn from the society.
23. Judicial separation.-(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 in sub-section (1) and sub-section (1-A) of Sec. 27 on
which a petition for divorce might have been presented;or (b) on the grounds 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 petition
of either party and on being satisfied of the truth of the statements made in
such petition rescind the decree if it considers it just and reasonable to do
so.
Nullity of Marriage and
Divorce
24. 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- (i)
any of the conditions specified in Cls.(a),(b), (c) and (d) of Sec. 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 the
Act within the meaning of Sec. 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 Cls.(a) to (e) of Sec. 15:
Provided that no such declaration shall be made in any case where an appeal has
been preferred under Sec.17 and the decision of the District Court has become
final. 25. Voidable marriages.- 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 Cl.(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;
(b) that proceedings were instituted within a year from the date of the
marriage; and (c) the marital intercourse with the consent of the petitioner
has not taken place since the discovery by the petitioner of existence of the
grounds a decree : Provided further that in the case specified in Cl.(iii), the
Court shall not grant a decree if,- (a) proceedings have not been instituted
within one year after the coercion had ceased or, as the case may be, the fraud
had been discovered; or (b) the petitioner has with his or her free consent
lived with the other party to the marriage as husband and wife after the
coercion had ceased or as the case may be, the fraud had been discovered. 26.
Legitimacy of children of void and voidable marriages.- (1) Notwithstanding
that a marriage is null and void under Sec. 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, 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 Sec.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. (3) Nothing contained
in sub-section (1) or sub-section (2) shall be construed as conferring upon any
child of a marriage which is null and void or which is annulled by a decree of
nullity under Sec. 25, any rights in or to the property of any person, other
than the parents, in any case, where, but for the passing of this Act, such
child would have been incapable of possessing or requiring any such rights by
reason of his not being the legitimate child of his parents. 27. Divorce.-(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-
(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 proceeding 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); or (d) has since the solemnization of the
marriage treated the petitioner with cruelty; or (e) has been incurably of
unsound mind, or has been suffering continuously or intermittently from mental
disorder of such a kind, and to such an extent that the petitioner cannot
reasonably be expected to live with the respondent.
Jurisdiction and Procedure
31. Court to which petition should be made.- (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 (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 by those who would naturally have heard of him if he was alive.
(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 a
petition by a wife domiciled in the territories to which this Act extends for
nullity of marriage or for divorce if she is resident in the said territories
and has been ordinarily resident , therein for a period of three years
immediately preceding the presentation of the petition and the husband is not
resident in the said territories. 32. Contents and verification of petitions.-
(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. 33. Proceedings to be in camera and may
not be printed or published.- (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. 34. Duty of Court
in passing decrees.-(1) In any proceeding under Chapter V or Chapter VI,
whether defended or not, if the Court if satisfied that,- (a) any of the
grounds for granting relief exists; and (b) where the petition is founded on
the ground specified in Cl.(a) of sub-section (1) of Sec. 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 (e) there has not
been any unnecessary or improper delay in instituting the proceedings; 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 relief
accordingly. (2) Before proceeding to grant any relief under this Act it shall
be the duty of the Court in the first instance, in every case where it is
possible so to do consistently with the nature and circumstances of the case,
to make every endeavour to bring about a reconciliation between the parties :
Provided that nothing contained in this sub-section shall apply to any
proceeding wherein relief is sought on any of the grounds specified in Cls.(c),
(e), (f), (g) and (h) of sub-section (1) of Sec.27. (3) For the purpose of aiding
the Court in bringing about such reconciliation, the Court may, if the parties
so desire or if the Court thinks it just and proper so to do, adjourn the
proceedings for a reasonable period not exceeding fifteen days, and refer the
matter to any person named by the parties in this behalf or to any person
nominated by the Court if the parties fail to name any person, with directions
to report to the Court as to whether reconciliation can be and has been
effected and the Court shall in disposing of the proceeding have due regard to
the report. (4) In every case where a marriage is dissolved by a decree of
divorce, the Court passing the decree shall give a copy thereof free of cost to
each of the parties. 35. Relief for respondent in divorce and other proceedings.--
In any proceeding for divorce or judicial separation or restitution of conjugal
rights, the respondent may not only oppose the relief sought on the ground of
petitioner's adultery, cruelty or desertion, but also make counter-claim for
any relief under this Act on that ground, and if the petitioner's adultery,
cruelty or desertion is proved, the Court may give to the respondent any relief
under this Act to which he or she would have been entitled if he or she had
presented a petition seeking such relief on that ground. 36. Alimony pendente
lite.-- 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. 37.
Permanent alimony and maintenance.--(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,
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
be just. (3) If the District Court is satisfied that the wife in whose favour
an order has been made under this section has remarried or is not leading a
chaste life, it may, at the instance of the husband vary, modify or rescind any
such order and in such manner as the Court may deem just. 38. Custody of
children.-- In any proceeding under Chapter V or Chapter VI the District Court
may, from time to time, pass such interim orders and make such provisions in
the decree as it may seem to it to be just and proper with respect to the
custody, maintenance and education of minor children, consistently with their
wishes wherever possible, and may, after the decree, upon application by
petition for the purpose, make, revoke, suspend or vary, from time to time, all
such orders and provisions with respect to the custody, maintenance and
education of such children as might have been made by such decree or interim
orders in case the proceeding for obtaining such decree were still pending. 39.
Appeals from decrees and orders.--(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 Sec.37 or Sec.38 shall subject to the
provisions of Sub-section (3), be appealable if they are not interim orders,
and every such appeal shall lie to the Court to which appeals ordinarily lie
from the decisions of the Court given in the exercise of its original civil
jurisdiction. (3) There shall be no appeal under this section on the subject of
the costs only. (4) Every appeal under this section shall be preferred within a
period of thirty days from the date of the decree or order. 39-A. Enforcement
of decrees and orders.-- All decrees and orders made by the Court in any
proceeding under Chapter V or Chapter VI shall be enforced in the like manner
as the decrees and orders of the Court made in the exercise of its original
civil jurisdiction for the time being are enforced. 40. Application of Act 5 of
1908.-- Subject to the other provisions contained in this Act, and to such
rules as the High Court may make in this behalf, all proceedings under this Act
shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.
40-A. Power to transfer petitions in certain cases.--(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
Sec.23 or for a decree of divorce under Sec.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 Sec.23, or for decree of divorce under
Sec.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 a case where sub-section
(1) applies.-- (a) if the petitions are presented to the same District Court,
both the petitions shall be tried and heard together by that District Court :
(b) if the petitions are presented to different District Courts the petition
presented later shall be transferred to the District Court in which the earlier
petition was presented and both the petitions shall be heard and disposed of
together by the District Court in which the earlier petition was presented. (3)
In a case where Cl. (b) of sub-section (2) applies, the Court or the
Government, as the case may be, competent under the Code of Civil Procedure,
1908 (5 of 1908), to transfer any suit or proceeding from the District Court in
which the later petition has been presented to the District Court in which the
earlier petition is pending shall exercise its powers to transfer such later
petition as if it had been empowered so to do under the said Code. 40-B.
Special provision relating to trial and disposal of petitions under the
Act.-(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 endeavour 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
endeavour shall be made to conclude the hearing within three months from the
date of service of notice of appeal on the respondent. 40-C. Documentary
evidence.-- Notwithstanding anything contained in any enactment to the
contrary, no document shall be inadmissible in evidence in any proceeding at
the trial of a petition under this Act on the ground that it is not duly stamped
or registered. 41. Power of High Court to make rules regulating procedure.--(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 excused from
doing so: (b) the awarding of damages against any such co-respondent, (c) the
intervention in any proceeding under Chapter V or Chapter VI by any person not
already a party thereto : (d) the form and contents of petitions for nullity of
marriage or for divorce and the payment of costs incurred by parties to such
petitions ; and (e) any other matter for which no provision or no sufficient
provision is made in this Act, and for which provision is made in the Indian
Divorce Act, 1869 (4 of 1869). 42. Saving.-- Nothing contained in this Act
shall affect the validity of any marriage not solemnized under its provisions;
not shall this Act be deemed directly or indirectly to affect the validity of
any mode of contracting marriage. 43. Penalty on married person marrying again
under this Act.-- 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
Sec. 494 or Sec. 495 of the Indian Penal Code 1860 (45 of 1860), as the case
may be, and the marriage so solemnized shall be void. 44. Punishment of
bigamy.-- 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 Secs.494 and 495 of the Indian
Penal Code, 1860 (45 of 1860) for the offence of marrying again during the
lifetime of a husband of wife, and the marriage so contracted shall be void.
45. Penalty for signing false declaration or certificate.-- 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 Sec.199 of the Indian Penal Code, 1860 (45 of 1860). 46. Penalty
for wrongful action of Marriage Officer.-- Any Marriage Officer who knowingly
and willfully solemnizes a marriage under this Act,-- (1) without publishing a
notice regarding such marriage as required by Sec.5 ; or (2) within thirty days
of the publication of the notice 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. 47. Marriage Certificate Book to
be open to inspection--(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. 48.
Transmission of copies of entries in marriage records.-- 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 Government may specify in this behalf. 49. Correction of errors.--(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 Sec. 48 to the Registrar-General or other
authority the Marriage Officer shall make and send in the like manner a
separate certificate of the original erroneous entry and of the marginal
corrections therein made. 50. Power to make rules.--(1) The Central Government,
in the case of 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
therefore: (c) the form and manner in which any books required by or under this
Act shall be maintained: (d) the fees that may be levied for the performance of
any duty imposed upon a Marriage Officer under this Act; (e) the manner in
which public notice shall be given under Sec. 16: (f) the form in which, and
the intervals within which, copies of entries in the Marriage Certificate Book
shall be sent in pursuance of Sec.48: (g) any other matter which may be or
requires to be prescribed. (3) Every rule made by the Central Government under
this Act shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form, or be of no effect as the
case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
(4) Every rule made by the State Government under this Act shall be laid, as
soon as it is made, before the State Legislature. 51. Repeals and savings.-(1)
The Special Marriage Act, 1872 (3 of 1872), and any law corresponding to the
Special Marriage Act, 1872, in force in any Part B State immediately before the
commencement of this Act are hereby repealed. (2) Notwithstanding such repeal.-
(a) all marriages duly solemnized under 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 proceeding 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 the provisions contained in Sec. 6 of the
General Clauses Act, 1897 (10 of 1897) which shall also apply to the repeal of
the corresponding law as if such corresponding law had been an enactment.
.
NOTICE OF INTENDED
MARRIAGE
To
Marriage Officer for the ………………….District.
We hereby give you notice that a marriage under Special Marriage
Act, 1954, is intended to be solemnized between us within three calendar months
from the date hereof.
A, B. Unmarried
Widower Divorcee
C.D. Unmarried Widow Divorcee
Witness our hands this …………………………………………..day of ………………….19.
(S.d.) A.B. (S.d.) C.D.
DECLARATION TO BE MADE
BY THE BRIDEGROOM
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 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 time unmarried (or a widow or a divorcee, as
the case may be).
2.I have completed……………………………………..years of age.
3.I am not related to A.B. (the Bridegroom) 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.
(S.d) C.D. (the Bride)
Signed in 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 witness
(S.d) K.L.
Countersigned E.F.,
Marriage Officer.,
Dated the day of 20
CERTIFICATE OF MARRIAGE
I, E.F.hereby certify that on the day
Of 20 A.B.and C.D.* { * Herein give particulars of the parties}
before me and that each of them, in my presence and in the presence of three
witnesses who have signed hereunder, made the declarations of required by
section 11 and that a marriage under this Act was the solemnized between them
in my presence
(S.d) E.F., Marriage Officer 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
Dated the day of 20
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