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    (Act No.43 of 1954)[9th October 1954]

    

    An Act to establish a specific type of marriage in specific circumstances, to allow the registrar of these marriages as well as other marriages, and for divorce. It was enacted by the parliament in the fifth year of the Republic of India as follows:

 (1) Title, short length and beginning(1) Short title, extent and commencement (1) The Act can be referred to as"The Special Marriage Act, 1954.

  

  (2) It applies to the entire state of India with the exception of Jammu and Kashmir. Jammu and Kashmir, and is applicable to residents of India who reside within the territories to where the Act extends, who reside within the state of Jammu and Kashmir.

  

  (3) It will come in force on the day, i.e.1st January, 1955 when it is the date that Central Government may, by publication published in the Official Gazette, appoint.

  

  2. Definitions - In this Act (unless the context requires the following:

  

  (a) (* * * *) Omitted

 

 

  (b) "degrees of prohibited relationship" (b) "degrees of prohibited relationship" and any one of the individuals who are mentioned as part I in the First Schedule and a woman as well as any of the individuals listed in Part II the Schedules fall within the degree of a relationship that is prohibited.

  

  Explanation I.The definition of relationship includes:the following:

  

  A) relationship based on the uterine or half blood as well through full blood:

  

  B unlegitimate blood relations and legitimate

   C) relationship through adoption and also by blood

   and all the terms of relation and all other terms of relationship Act are to be interpreted accordingly.

  

  Explanation II.Explanation II "Full blood" and "half blood"Two people are thought as related one the other through full blood if they descend by a common lineage via the same spouse and also through half blood when they descend from the same ancestor, but through different wives.

 

 

  Explanation III.3 "Uterine blood"- two individuals are believed to have been related one the other through uterine blood if they descend from a common ancestress, however through different spouses. Explanation IV.-In Explns. II and III. "ancestor" includes the father and "ancestress" the mother;

 

 

  (d) "district", for the Marriage Officer, refers to the territory in the purpose of which he has been appointed in the manner specified by subsection (1) or (2) of Sec.3; (2) (3) of Sec.3;

 

 

  (e) "District Court" is a term used to describe any region in which it is located, an City Civil Court, and in other locations that is the primary Civil Court of original jurisdiction as well as the different Civil Court which may be designated by the State Government by notification in the Official Gazette as having jurisdiction to deal with the matters addressed within this Act:

 

 

  (f) "prescribed" means defined by the rules created pursuant to this Act;

  

  (g) "State Government" for the Union territory, refers to the person who is responsible for its administration. Solemnization of Special Marriages

 

 

  4. Conditions for solemnization of special weddings.•

  

  In addition to anything contained within any other laws the moment in force concerning the solemnization marriages, a union between two people can be legally solemnized by this Act when it is the case that at the wedding there are the conditions met that is to say:

 

 

  (a) (a) Neither of the parties has an adult spouse who lives:

  

  (b) the other party

  

  (i) is not capable of granting a valid consent because of mental insanity or

  

  (ii) although capable of giving valid consent, is suffering from mental disorders of the same kind or to such a degree that it renders him unfit for marriage or the reproduction of children; or

  

  (iii) has been exposed to frequent attacks of epilepsy or insanity;

  

  (c) The male has attained the age of twenty-one and the female has reached the age of 18 years; court marriage in delhi and marriage registration in delhi marriage certificate in delhi and arya samaj mandir in delhi and arya samaj wedding in delhi wedding ceremony registrations in the south of delhi

  

  (d) (d) not within the scope of relationship prohibited:

 

 

  If there is a law that governs either of them allows the marriage of their respective partners and the wedding can be sworn in, even if they fall within the boundaries of relationships that are prohibited: and (e) when the marriage ceremony is held within Jammu and Kashmir. State of Jammu and Kashmir and both participants have citizenship of India living in the territories that the Act extends. In this provision, "customs, in relation to a member of any tribe or community, group, or family, is any rule that is imposed by the State Government may, by announcement within the Official Gazette, specify in this regard, as applicable to the members of the group, tribe or community or family. However, there is no notification issued to members of any tribe group, community, or family until they are satisfied by the State Government is satisfied-

 

 

  (i) that the rule has been consistently and consistently observed for a long time between the members;

  

  (ii) that the rule is both certain and is not unreasonable or contrary to the public policy (iii) that the rule is not unreasonable or contrary to public policy;

  

  (iii) (iii) that this rule is only applicable to families, and is not being rescinded from the families.

 

 

  5. Notices of marriage plans.•

  

  If a wedding is planned to be legally ordained under this Act the couple who are part of the marriage must send a notice in writing on the form stipulated within the second Schedule for the District Marriage Office where most of the participants to the marriage resides for not less than 30 days immediately prior to the date when such notice is issued.

 

 

  6. Wedding Notice Book, and book.--

  

  (1) (1) The marriage officer must keep the notices provided under Section. 5 in the documents of his office. He must also immediately record the true copy of every notice into a book specifically designated for that for that purpose, to be known as"the Marriage Notice Book, and this book is open to inspection at any time at no cost to anyone interested in looking at the book.

 

 

  (2) (2) The marriage officer will cause every notice to be released by affixing a copy of the notice to a prominent location at his place of work.

 

 

  (3) (3) If any of the couples to be married wedding is not residing permanently within the limits in the area of the Wedding Officer who was sent under Section. 5. will make a duplicate the notice to be given to the District Marriage Officer within the limits of which the party lives permanently and the The Marriage Officer will make sure that a copy of the notice be attached to a prominent spot inside his work place.

 

 

  7. Refusal to marry.It is a

  

  (1) Anyone can be able to, prior to expiration of 30 days from the date the notice is released under sub-section (2) of sec. 6., object to the marriage based on the grounds that it violates any of the terms and conditions set forth in Sec.4.

 

 

  (2) (2) After expiry of 30 days from the date at the date on which notice of an intention to wedding has been made public in accordance with subsection (2) of Section. 6. The marriage can be legally ordained until it is previously contested by a person under subsection (1).

 

 

  (3) The reason for the objection is recorded in written form by the Wedding Officer in the Wedding Notice Book, be read over and clarified, if required to the person who made the objection. Then, it will be executed by the person making the objection or on behalf of him.

 

 

  8. The procedure for obtaining objection.Procedure for receiving objection.

  

  (a) When an objection has been filed under Section. 7 to an intention to marry, the Marriage Officer will not perform the ceremony until he has investigated the issue and has concluded that it should not hinder the marriage from being solemnized or the objection is withdrawn by the person who made it. However, the Marriage Officer should not wait more than thirty days after the date of the objection to serve the purpose of examining the issue and making a decision.

 

 

  (b) When the Marriage Official affirms the objection and does not ceremony the wedding, either couple to be married could, within a period of 30 days from the date of the refusal make an appeal before the District Court within the local area of jurisdiction where the Marriage Officer maintains his office. The final decision by the District Court on such appeal is final as well as the marriage officer must comply with that decision. Court.

 

 

  9. Authorities of Marriage Officers to conduct inquiries.--

  

  (1)For the purpose of conducting any investigation pursuant to Sec.8 The Marriage Official will have all the power conferred on the Civil Court under the Code of Civil Procedure, 1908(5 of 1908) for the purpose of hearing a case in connection with the following issues, specifically:

 

 

  (a) calling and enforcing the attendance witnesses and then examining them under an oath

  

  (b) detection and examination

  

  (c) obliges to produce documents

  

  (d) the receipt of evidence on affidavits and

  

  (e) giving commissions to examine witnesses; and any proceeding before the Marriage Office will be considered to be a judicial process as defined by Sec.193 of the Indian Penal Code(45 of 1960).).

 

 

  (2) (2) If it is apparent before the Wedding Officer the objection to the marriage that is intended is unreasonable and was not made in good faith, he can charge the person who is opposing the marriage costs in the form of compensation that is not more than 1 000 rupees. Then, he may pay the entire amount, or a portion thereof, to the couples who are part of the planned marriage. Any cost-order so issued could be carried out in the same way in the same manner as a decree issued by the District Court within the local area of jurisdiction over which the Marriage Officer is in charge of his office.

 

 

  10. Procedural procedure for objections received by the Marriage Officer abroad.The procedure for objections by a Marriage Officer abroad.

  

  When an objection is raised pursuant to Sec.7 to the Marriage Officer of the state of Jammu and Kashmir regarding an intended marriage to be held in the State, and the marriage officer, upon conducting an investigation into the issue as he thinks is appropriate, raises doubts in relation to it the marriage, he will not be able to solemnize the marriage, but he must send the document with any statement regarding the issue he considers is appropriate before the Central Government, and the Central Government, after making an inquiry into the issue and after receiving such suggestions as it deems appropriate and deciding on the matter in writing to the Marriage Officer. is bound by its decision. Central Government.

 

 

  11. The declaration of witnesses and parties.--

  

  Before the marriage is officially sworn, the wedding couple and three witnesses must be present in the presence of the Marriage Officer and the Marriage Officer, sign a declaration on the Form provided on the Third Schedule of this Act and the declaration is signed by the marriage officer.

 

 

  12. Form and location of solemnization.The place and form of solemnization.

  

  (1) A marriage can be performed at an office or location of the Marriage Officer, or any other location within a reasonable distance that the parties would like and subject to such conditions and with the payment of any fees that are stipulated.

 

 

  (2) (2) The wedding can be sworn in any manner that the couple chooses to follow:

 

 

  However, it will not be final and binding for the parties unless either of them says to each other before the marriage officer as well as three witnesses, and in any other language recognized by the parties "I (A) take thee (B), to be my lawful wife (or husband)".

 

 

  13. Marriage certificate.--

  

  (1) If the marriage ceremony has been solemnized the Marriage Officer will record an acknowledgement of the marriage according to the format stipulated within the fourth Schedule in a book that will remain with him for this reason, and known as"the Marriage Certificate Book and such certificate is witnessed by the couple who are part of the marriage and by the three witnesses.

 

 

  (2) If the day that a certificate is entered into the Marriage Certificate Book by the Marriage Officer, the certificate will be considered to be a definitive proof to show that the marriage in accordance with this Act was legally ordained as well as that the formalities pertaining to witnesses' signatures were followed.

 

 

  14. Notice of marriage not formally sworn to within 3 months.--

  

  If a wedding is not performed within three calendar months after the day when notice of it was provided to the Marriage Officer in accordance with the requirements required under Sec. 5. or if an appeal was filed pursuant to subsection (2) (2) of Sec.8 and within three months after when the District Court's decision was made District Court on such appeal or when the case's record was sent by the Central Government under Sec.10, within three months of the date of the decision of the Central Government, the notice and any other proceedings that result from it will be deemed to be in a state of lapse and no marriage officer is allowed to solemnize the wedding until the notice is given in the manner set in the Act. CHAPTER III

  

  Wedding registrations that are celebrated in different forms

 

 

  15. Marriage registration in different forms.--

  

  Any marriage that is celebrated, before or after the date of commencement of this Act not including one that is solemnized under the Special Marriage Act, 1872 or in accordance with this Act is able to be recorded in this Chapter by a Marriage Officer within the areas to which this Act is applicable when these conditions are met which are:

  

  (a) an act of marriage has been conducted between the two parties and they have lived with each other as husband and wife since.

  

  (b) the other party does not have as of the date registration, more than one partner who is living;

  

  (c) The other party is not a lunatic or an idiot at the moment of registration.

  

  (d) (d) the party has reached the age of twenty-one years when they register.

  

  (e) (e) the two parties aren't within the prohibited degree relationship:

  

  If there is weddings that are celebrated prior to the commencement date of this Act the marriage will remain subject to the provisions of any custom, law or usage that has the force of law that governs each one of them, which allows marriage between two couples; and

  

  (f) the couples reside within the jurisdiction that is administered by the Wedding Officer during a time that is not less than 30 days immediately prior to the date when the application is submitted to him for the registration for the wedding.

 

 

  16. The procedure for registration. After receiving an application that is signed by both parties to the marriage for registry of their marriages under this chapter The Marriage Officer will make public announcement of the application in the manner that can be specified and after allowing 30 days to object and after hearing any objections made within the time limit and when satisfied that all requirements set out in Section. 15 are met, record the marriage certificate in the Certificate Book for Marriage Certificate Book in the Form as specified within the fifth Schedule and this certificate will be signed by both parties to the marriage, as well as three witnesses.

 

 

  17. Appeals from decisions under Section. 16 Any person who is unhappy with any decision of the Marriage Officer refusing registration of a wedding in accordance with this chapter may within 30 days of the date of the order appeal that decision before the District Court within the local area of jurisdiction where the Marriage Officer maintains his office. The final decision made by the District Court on such appeal will be final in addition, the person to whom the request was submitted will act in accordance with that decision.

  18. Effects of registration of marriage in this Chapter.--

  

  As per the rules contained in section (2) (2) of Sec.24 when the marriage certificate is entered into the Marriage Certificate Book under this Chapter The marriage will begin when it is entered in the entry, be considered to be a wedding that has been solemnized in accordance with this Act and any children born following that date marriage ceremony (whose names are also included within the Marriage Certificate Book) shall in all respects be believed to be and will always be the legally entitled children of the parents

   The provisions of this section should be interpreted to confer on such children any rights or entitlements in the properties of anyone not their own parents, in any circumstance that, except for the passage of this Act these children would not have been capable of having or acquiring rights based on they were not the legal children of the parents. Court marriage Rishikesh Court Marriage in delhi Marriage certificate in delhi Court Marriage in Chandigarh Marriage registration delhi Court Marriage in Meerut Court Marriage in noida Court Marriage in Ghaziabad Court Marriage in gurgaon Court Marriage in Faridabad Court Marriage in jaipur Court Marriage in bangalore Marriage registration noida Marrriage certificate Faridabad Marriage registration Faridabad Marriage certificate in Gurgaon Court marriage Dehradun Court Marriage Haridwar Court marriage Roorkee