Create THE SPECIAL MARRIAGE ACT, 1954

THE SPECIAL MARRIAGE ACT, 1954

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+THE SPECIAL MARRIAGE ACT, 1954
+______
+ARRANGEMENT OF SECTIONS
+______
+CHAPTER I
+PRELIMINARY
+SECTIONS
+1. Short title, extent and commencement.
+2. Definitions.
+3. Marriage Officers.
+CHAPTER II
+SOLEMNIZATION OF SPECIAL MARRIAGES
+4. Conditions relating to solemnization of special marriages.
+5. Notice of intended marriage.
+6. Marriage Notice Book and publication.
+7. Objection to marriage.
+8. Procedure on receipt of objection.
+9. Powers of Marriage Officers in respect of inquiries.
+10. Procedure on receipt of objection by Marriage Officer abroad.
+11. Declaration by parties and witnesses.
+12. Place and form of solemnization.
+13. Certificate of marriage.
+14. New notice when marriage not solemnized within three months.
+CHAPTER III
+REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS
+15. Registration of marriages celebrated in other forms.
+16. Procedure for registration.
+17. Appeals from orders under section 16.
+18. Effect of registration of marriage under this Chapter.
+CHAPTER IV
+CONSEQUENCES OF MARRIAGE UNDER THIS ACT
+19. Effect of marriage on member of undivided family.
+20. Rights and disabilities not affected by Act.
+21. Succession to property of parties married under Act.
+21A. Special provision in certain cases.
+2
+CHAPTER V
+RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
+SECTIONS
+22. Restitution of conjugal rights.
+23. Judicial separation.
+CHAPTER VI
+NULLITY OF MARRIAGE AND DIVORCE
+24. Void marriages.
+25. Voidable marriages.
+26. Legitimacy of children of void and voidable marriages.
+27. Divorce.
+27A. Alternative relief in divorce proceedings.
+28. Divorce by mutual consent.
+29. Restriction on petitions for divorce during first one year after marriage.
+30. Remarriage of divorced persons.
+CHAPTER VII
+JURISDICTION AND PROCEDURE
+31. Court to which petition should be made.
+32. Contents and verification of petitions.
+33. Proceedings to be in camera and may not be printed or published.
+34. Duty of court in passing decrees.
+35. Relief for respondent in divorce and other proceedings.
+36. Alimony pendente lite.
+37. Permanent alimony and maintenance.
+38. Custody of children.
+39. Appeals from decrees and orders.
+39A. Enforcement of decrees and orders.
+40. Application of Act 5 of 1908.
+40A. Power to transfer petitions in certain cases.
+40B. Special provisions relating to trial and disposal of petitions under the Act.
+40C. Documentary evidence.
+41. Power of High Court to make rules regulating procedure.
+CHAPTER VIII
+MISCELLANEOUS
+42. Saving.
+43. Penalty on married person marrying again under this Act.
+44. Punishment of bigamy.
+3
+SECTIONS
+45. Penalty for signing false declaration or certificate.
+46. Penalty for wrongful action of Marriage Officer.
+47. Marriage Certificate Book to be open to inspection.
+48. Transmission of copies of entries in marriage records.
+49. Correction of errors.
+50. Power to make rules.
+51. Repeals and savings.
+THE FIRST SCHEDULE.
+THE SECOND SCHEDULE.
+THE THIRD SCHEDULE.
+THE FOURTH SCHEDULE.
+THE FIFTH SCHEDULE. 
+4
+THE SPECIAL MARRIAGE ACT, 1954
+ACT NO. 43 OF 19541
+[9th October, 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:―
+CHAPTER I
+PRELIMINARY
+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 the 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.
+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.―Relationship includes,―
+(a) relationship by half or uterine blood as well as by full blood;
+(b) illegitimate blood relationship as well as legitimate;
+(c) relationship by adoption as well as by blood;
+and all terms of relationship in this Act shall be construed accordingly.
+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 area 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
+
+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).
+2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
+(w.e.f. 31-10-2019).
+3. Subs. by Act 33 of 1969, s. 29, for “outside the said territories” (w.e.f. 31-8-1969).
+4. 1st January, 1955, vide notification No. S.R.O. 3606, dated 17th December, 1954, published in the Gazette of India,
+Extraordinary, Part II, Section 3.
+5. Omitted by Act 33 of 1969, s. 29.
+6. Omitted by s. 29, ibid.
+7. Subs. by Act 68 of 1976, s. 20, for clause (e) (w.e.f. 27-5-1976).
+5
+may be specified by the State Government by notification in the Official Gazette as having
+jurisdiction in respect of the matters dealt with in this Act;]
+(f) “prescribed” means prescribed by rules made under this Act;
+1
+[(g) “State Government”, in relation to a Union territory, means the administrator thereof.]
+3. Marriage Officers.―(1) For the purposes of this Act, the State Government may, by, notification
+in the Official Gazette, appoint one or more Marriage Officers for the whole or any part of the State.
+2
+[(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories to
+which this Act extends who are in the State of Jammu and Kashmir, the Central Government may, by
+notification in the Official Gazette, specify such officers of the Central Government as it may think fit to
+be the Marriage Officers for the State or any part thereof.]
+CHAPTER II
+SOLEMNIZATION OF SPECIAL MARRIAGES
+4. Conditions relating to solemnization of special marriages.―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;
+3
+[(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 4
+* * *;]
+(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
+5
+[(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]
+6
+[(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].
+7
+[Explanation.―In this section, “custom”, 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 tribe, 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
+
+1. Subs. by the A.O. (No. 3) Order, 1956 for clause (g).
+2. Subs. by Act 33 of 1969, s. 29, for sub-section (2) (w.e.f. 31-8-1969).
+3. Subs. by Act 68 of 1976, s. 21, for clause (b) (w.e.f. 27-5-1976).
+4. The words “or epilepsy” omitted by Act 39 of 1999, s. 4 (w.e.f. 29-12-1999).
+5. Subs. by Act 32 of 1963, s. 2, for clause (d) (w.e.f. 22-9-1963).
+6. Subs. by Act 33 of 1969, s. 29, for clause (e) (w.e.f. 31-8-1969).
+7. Ins. by Act 32 of 1963, s. 2 (w.e.f. 22-9-1963).
+6
+(iii) that such rule, if applicable only to a family, has not been discontinued by the family.]
+5. Notice of intended marriage.―When a marriage is intended to be solemnized under this Act, the
+parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to
+the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a
+period of not less than thirty days immediately preceding the date on which such notice is given.
+6. Marriage Notice Book and publication.―(1) The Marriage Officer shall keep all notices given
+under section 5 with the records of his office and shall also forthwith enter a true copy of every such
+notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall
+be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.
+(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to
+some conspicuous place in his office.
+(3) Where either of the parties to an intended marriage is not permanently residing within the local
+limits of the district of the Marriage Officer to whom the notice has been given under section 5, the
+Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the
+district within whose limits 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 section 6, object to the marriage on
+the ground that it would contravene one or more of the conditions specified in section 4.
+(2) After the expiration of thirty days from the date on which notice of an intended marriage has been
+published under sub-section (2) of section 6, the marriage may be solemnized, unless it has been
+previously objected to under sub-section (1).
+(3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage
+Notice Book, be read over and explained if necessary, to the person making the objection and shall be
+signed by him or on his behalf.
+8. Procedure on receipt of objection.―(1) If an objection is made under section 7 to an intended
+marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of
+the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection
+is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from
+the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a
+decision.
+(2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party
+to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal
+to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and
+the decision of the district court on such appeal shall be final, and the 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
+section 8, the Marriage Officer shall have all the powers vested in a civil court under the Code of Civil
+Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely:―
+(a) summoning and enforcing the attendance of witnesses and examining them on oath;
+(b) discovery and inspection;
+(c) compelling the production of documents;
+(d) reception of evidence of affidavits; and
+(e) issuing commissions for the examination of witnesses;
+and any proceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the
+meaning of section 193 of the Indian Penal Code (45 of 1860).
+7
+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 local limits of his district.
+(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 for 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 section 7 to a Marriage Officer 1
+[in the State of Jammu and Kashmir in respect of an intended
+marriage in the State], and the Marriage Officer, after making such inquiry into the matter as he thinks fit,
+entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with
+such statement respecting the matter as he thinks fit to the Central Government, and the Central
+Government, after making such inquiry into the matter and after obtaining such advice as it thinks fit,
+shall give its decision thereon in writing to the Marriage Officer who shall act in conformity with the
+decision of the Central Government.
+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 payment of such additional fees as may be prescribed.
+(2) The marriage may be solemnized in any form which the parties may choose to adopt:
+Provided that it shall not be complete and binding on the parties unless each party says to the other in
+the presence of the Marriage Officer and the three witnesses and in any language understood by the
+parties,―“I, (A), take the (B), to be my lawful wife (or husband)”.
+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 calendar months from the date on which notice thereof has been given to the
+Marriage Officer as required by section 5, or where an appeal has been filed under sub-section (2) of
+section 8, within three months from the date of the decision of the district court on such appeal or, where
+the record of a case has been transmitted to the Central Government under section 10, within three months
+from the date of decision of the Central Government, the notice and all other proceedings arising
+therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a
+new notice has been given in the manner laid down in this Act.
+CHAPTER III
+REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS
+15. Registration of marriages celebrated in other forms.―Any marriage celebrated, whether
+before or after the commencement of this Act, other than a marriage solemnized under the Special
+
+1. Subs. by Act 33 of 1969, s. 29, for “outside the territories to which this Act extends in respect of an intended marriage outside
+the said territories” (w.e.f. 31-8-1969).
+8
+Marriage Act, 1872 (3 of 1872), or under this Act, may be registered under this Chapter by a Marriage
+Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:―
+(a) a ceremony of marriage has been performed between the parties and they have .been living
+together as husband and wife ever since;
+(b) neither party has at the time of registration more than one spouse living;
+(c) neither party is an idiot or a lunatic at the time of registration;
+(d) the parties have completed the age of twenty-one years at the time of registration;
+(e) the parties are not within the degrees of prohibited relationship:
+Provided that 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 of law governing each of them
+which permits of a marriage between the two; and
+(f) the parties have been residing within the district of the Marriage Officer for a period of not less
+than thirty days immediately preceding the date on which the application is made to him for
+registration of the marriage.
+16. Procedure for registration.―Upon receipt of an application signed by both the parties to the
+marriage for the registration of their marriage under this Chapter the Marriage Officer shall give public
+notice thereof in such manner as may be prescribed and after allowing a period of thirty days for
+objections and after hearing any objection received within that period, shall, if satisfied that all the
+conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage
+Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the
+parties to the marriage and by three witnesses.
+17. Appeals from orders under section 16.―Any person aggrieved by any order of a Marriage
+Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the
+order, appeal against that order to the district court within the local limits of whose jurisdiction the
+Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the
+Marriage Officer to whom the application was made shall act in conformity with such decision.
+18. Effect of registration of marriage under this Chapter.―Subject to the provisions contained in
+sub-section (2) of section 24, where a certificate of marriage has been finally entered in the Marriage
+Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a
+marriage solemnized under this Act, and all children born after the date of the ceremony of marriage
+(whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be
+and always to have been the legitimate children of their parents:
+Provided that nothing contained in this section shall be construed as conferring upon any such
+children any rights in or to the property of any person other than their parents in any case where, but for
+the passing of this Act, such children would have been incapable of possessing or acquiring any such
+rights by reason of their not being the legitimate children of their parents.
+CHAPTER IV
+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 religions shall be
+deemed to effect his severance from such family.
+20. Rights and disabilities not affected by Act.―Subject to the provisions of section 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 
+9
+certain communities, succession to the property or 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 Act shall have effect as if Chapter III of Part V (Special Rules for Parsi
+Intestates) had been omitted therefrom.
+1
+[21A. Special provision in certain cases.―Where the marriage is solemnized under this Act of any
+person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu,
+Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so much of section 20 as
+creates a disability shall also not apply.]
+CHAPTER V
+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.
+2
+[Explanation.―Where a question arises whether there has been reasonable excuse for withdrawal
+from the society, the burden of providing 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 3
+[in sub-section (1) 4
+[and sub-section (1A)] of section 27] on
+which a petition for divorce might have been presented; or
+(b) on the ground of failure to comply with a decree for restitution of conjugal rights;
+and the court, on being satisfied of the truth of the statements made in such petition, and that there is no
+legal ground why the application should not be granted, may decree judicial separation accordingly.
+(2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the
+petitioner to cohabit with the respondent, but the court may, on the application by 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.
+CHAPTER VI
+NULLITY OF MARRIAGE AND DIVORCE
+24. Void marriages.―(1) Any marriage solemnized under this Act shall be null and void 5
+[and may,
+on a petition presented by either party thereto against the other party, be so declared] by a decree of
+nullity if―
+(i) any of the conditions specified in clauses (a), (b), (c) and (d) of section 4 has not been
+fulfilled; or
+(ii) the respondent was impotent at the time of the marriage and at the time of the institution of
+the suit.
+(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this
+Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be
+declared to be of no effect if the registration was in contravention of any of the conditions specified in
+clauses (a) to (e) of section 15:
+
+1. Ins. by Act 68 of 1976, s. 22 (w.e.f. 27-5-1976).
+2. Added by s. 23, ibid.
+3. Subs. by Act 29 of 1970, s. 2, for certain words (w.e.f. 12-8-1970).
+4. Ins. by Act 68 of 1976, s. 24 (w.e.f. 27-5-1976).
+5. Subs. by s. 25, ibid., for “and may be so declared” (w.e.f. 27-5-1976).
+10
+Provided that no such declaration shall be made in any case where an appeal has been preferred under
+section 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 clause (ii), the court shall not grant a decree unless it is
+satisfied,―
+(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
+(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 place since the
+discovery by the petitioner of the existence of the grounds for a decree:
+Provided further that in the case specified in clause (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.
+1
+[26. Legitimacy of children of void and voidable marriages.―(1) Notwithstanding that a marriage
+is null and void under section 24, any child of such marriage who would have been legitimate if the
+marriage had been valid, shall be legitimate, whether such child is born before or after the commencement
+of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is
+granted in respect of that marriage under this Act and whether or not the marriage is held to be void
+otherwise than on a petition under this Act.
+(2) Where a decree of nullity is granted in respect of a voidable marriage under section 25, any child
+begotten or conceived before the decree is made, who would have been the legitimate child of the parties
+to the marriage if at the date of the decree it has been dissolved instead of being annulled, shall be deemed
+to be their legitimate child notwithstanding the decree of nullity.
+(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 section 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 acquiring any such rights by
+reason of not his being the legitimate child of his parents.]
+27. Divorce.―2
+[(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―
+3
+[(a) has, after the solemnization of the marriage, had voluntary sexual intercourse with any
+person other than his or her spouse; or
+(b) has deserted the petitioner for a continuous period of not less than two years immediately
+preceding the presentation of the petition; or]
+
+1. Subs. by Act 68 of 1976, s. 26, for section 26 (w.e.f. 27-5-1976).
+2. Section 27 renumbered as sub-section (1) thereof by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).
+3. Subs. by Act 68 of 1976, s. 27, for clauses (a) and (b).
+11
+(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);
+1
+* * * * *
+(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
+2
+[(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.
+Explanation.―In this clause,―
+(a) the expression “mental disorder” means mental illness, arrested or incomplete
+development of mind, psychopathic disorder or any other disorder or disability of mind and
+includes schizophrenia;
+(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind
+(whether or not including sub-normality of intelligence) which results in abnormally aggressive
+or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or
+is susceptible to medical treatment; or
+(f) has been suffering from venereal disease in a communicable form; or]
+(g) has 3
+* * * been suffering from leprosy, the disease not having been contacted from the
+petitioner; or
+(h) has not been heard of as being alive for a period of seven years or more by those persons who
+would naturally have heard of the respondent if the respondent had been alive; 4
+* * *
+5
+[Explanation.―In this sub-section, the expression “desertion” means desertion of the petitioner by
+the other party to the marriage without reasonable cause and without the consent or against the wish of
+such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its
+grammatical variations and cognate expressions shall be construed accordingly;]
+6
+* * * * *
+7
+* * * * *
+8
+[(1A) A wife may also present a petition for divorce to the district court on the ground,―
+(i) that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or
+bestiality;
+(ii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of
+1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or
+under the corresponding section 488 of the Code of Criminal Procedure, 1898) (5 of 1898), a decree
+or order, as the case may be, has been passed against the husband awarding maintenance to the wife
+notwithstanding that she was living apart and that since the passing of such decree or order,
+cohabitation between the parties has not been resumed for one year or upwards.]
+
+1. The Proviso omitted by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).
+2. Subs. by s. 27, ibid., for clauses (e) and (f) (w.e.f. 27-5-1976).
+3. The words “for a period of not less than three years immediately preceding the presentation of the petition” omitted by s. 27,
+ibid. (w.e.f. 27-5-1976).
+4. The word “or” omitted by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).
+5. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).
+6. The words “and by the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape,
+sodomy or bestiality” omitted by s. 27, ibid. (w.e.f. 27-5-1976).
+7. Omitted by Act 29 of 1970), s. 3 (w.e.f. 12-8-1970).
+8. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).
+12
+1
+[(2) Subject to the provisions of this Act and to the rules made thereunder, either party to a marriage,
+whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970
+(29 of 1970), may present a petition for divorce to the district court on the ground―
+(i) that there has been no resumption of cohabitation as between the parties to the marriage for a
+period of one year or upwards after the passing of a decree for judicial separation in a proceeding to
+which they were parties; or
+(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a
+period of one year or upwards after the passing of a decree for restitution of conjugal rights in a
+proceeding to which they were parties.]
+2
+[27A. Alternative relief in divorce proceedings.―In any proceeding under this Act, on a petition
+for dissolution of marriage by a decree of divorce, except insofar as the petition is founded on the ground
+mentioned in clause (h) of sub-section (1) of section 27, the court may, if it considers it just so to do
+having regard to the circumstances of the case, pass instead a decree for judicial separation.]
+28. Divorce by mutual consent.―(1) Subject to the provisions of this Act and to the rules made
+thereunder, a petition for divorce may be presented to the district court by both the parties together on the
+ground that they have been living separately for a period of one year or more, that they have not been able
+to live together and that they have mutually agreed that the marriage should be dissolved.
+(2)
+3
+[On the motion of both the parties made not earlier than six months after the date of the
+presentation of the petition referred to in sub-section (1) and not later than eighteen months] after the said
+date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after
+hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized
+under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be
+dissolved with effect from the date of the decree.
+29. Restriction on petitions for divorce during first one year after marriage.―(1) No petition for
+divorce shall be presented to the district court 4
+[unless at the date of the presentation of the petition one
+year has passed] since the date of entering the certificate of marriage in the Marriage Certificate Book:
+Provided that the district court may, upon application being made to it, allow a petition to be
+presented 5
+[before one year has passed] on the ground that the case is one of exceptional hardship
+suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the
+district court at the hearing of the petition that the petitioner obtained leave to present the petition by any
+misrepresentation or concealment of the nature of the case, the district court may, if it pronounces a
+decree, do so subject to the condition that the decree shall not have effect until after the
+6
+[expiry of one
+year] from the date of the marriage or may dismiss the petition, without prejudice to any petition, which
+may be brought after the 7
+[expiration of the said one year] upon the same, or substantially the same, facts
+as those proved in support of the petition so dismissed.
+(2) In disposing of any application under this section for leave to present a petition for divorce before
+the 8
+[expiration of one year] from the date of the marriage, the district court shall have regard to the
+interests of any children of the marriage, and to the question whether there is a reasonable probability of a
+reconciliation between the parties before the expiration of the 9
+[said one year].
+30. Remarriage of divorced persons.―Where a marriage has been dissolved by a decree of divorce,
+and either there is no right of appeal against the decree or if there is such a right of appeal, the time for
+
+1. Ins. by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).
+2. Ins. by Act 68 of 1976, s. 28 (w.e.f. 27-5-1976).
+3. Subs. by s. 29, ibid., for “On the motion of both the parties made not earlier than one year after the date of the presentation of
+the petition referred to in sub-section (1) and not later than two years” (w.e.f. 27-5-1976).
+4. Subs. by s. 30, ibid., for “unless at the date of the presentation of the petition three years have passed” (w.e.f. 27-5-1976).
+5. Subs. by s. 30, ibid., for “before three years have passed” (w.e.f. 27-5-1976).
+6. Subs. by s. 30, ibid., for “expiry of three years” (w.e.f. 27-5-1976).
+7. Subs. by s. 30, ibid., for “expiration of the said three years” (w.e.f. 27-5-1976).
+8. Subs. by s. 30, ibid.,for “expiration of the three years” (w.e.f. 27-5-1976).
+9. Subs. by s. 30, ibid., for “said three years” (w.e.f. 27-5-1976).
+13
+appealing has expired without an appeal having been presented, or an appeal has been presented but has
+been dismissed 1
+* * * either party to the marriage may marry again.
+CHAPTER VII
+JURISDICTION AND PROCEDURE
+31. Court to which petition should be made.―2
+[(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
+3
+[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the
+petition; or]
+(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the
+respondent is at that time residing outside the territories to which this Act extends, or has not been
+heard of as being alive for a period of seven years by those who would naturally have heard of him if
+he were 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.
+4
+[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 is satisfied that,―
+(a) any of the grounds for granting relief exists; and
+(b)
+5
+[where the petition is founded on the ground specified in clause (a) of sub-section (1) of
+section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act
+of sexual intercourse referred to therein], or, where the ground of the petition is cruelty,
+the petitioner has not in any manner condoned the cruelty; and
+(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained
+by force, fraud or undue influence; and
+
+1. The words “and one year has elapsed thereafter but not sooner” omitted by Act 68 of 1976, s. 31, (w.e.f. 27-5-1976).
+2. Subs. by s. 32, ibid., for sub-section (1) (w.e.f. 27-5-1976).
+3. Ins. by Act 50 of 2003, s. 2 (w.e.f. 23-12-2003).
+4. Subs. by Act 68 of 1976, s. 33, for section 33 (w.e.f. 27-5-1976).
+5. Subs. by s. 34, ibid. for “where the ground of the petition is adultery, the petitioner has not in any manner been accessory to or
+connived at or condoned the adultery” (w.e.f. 27-5-1976). 
+14
+(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:
+1
+[Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is
+sought on any of the grounds specified in clause (c), clause (e), clause (f), clause (g) and clause (h) of subsection (1) of section 27.]
+2
+[(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.]
+3
+[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 a 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.
+4
+[Provided that the application for the payment of the expenses of the proceeding and such weekly or
+monthly sum during the proceeding under Chapter V or Chapter VI, shall, as far as possible, be disposed
+of within sixty days from the date of service of notice on the husband.]
+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 5
+[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.
+
+1. Added by Act 68 of 1976, s. 34 (w.e.f. 27-5-1976).
+2. Ins. by s. 34, ibid. (w.e.f. 27-5-1976).
+3. Subs. by s. 35, ibid., for section 35 (w.e.f. 27-5-1976).
+4. Ins. by Act 49 of 2001, s. 6 (w.e.f. 24-9-2001).
+5. Subs. by Act 68 of 1976, s. 36, for “and the conduct of the parties” (w.e.f. 27-5-1976).
+15
+(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, 1
+[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.
+2
+[Provided that the application with respect to the maintenance and education of the minor children,
+during the proceeding, under Chapter V or Chapter VI, shall, as far as possible, be disposed of within
+sixty days from the date of service of notice on the respondent.]
+3
+[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 section 37 or section 38 shall,
+subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such
+appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the
+exercise of its original jurisdiction.
+(3) There shall be no appeal under this section on the subject of costs only.
+(4) Every appeal under this section shall be preferred within a 4
+[period of ninety days] from the date
+of the decree or order.
+39A. 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 (5 of 1908).
+5
+[40A. 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 section 23 or for a decree of divorce
+under section 27, and
+(b) another petition under this Act has been presented thereafter by the other party to the marriage
+praying for decree for judicial separation under section 23, or for decree of divorce under section 27
+on any ground whether in the same district court, or in a different district court, in the same State or in
+a different State, the petition shall be dealt with as specified in sub-section (2).
+(2) In 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;
+
+1. Subs. by Act 68 of 1976, s. 36, for “it shall rescind the order” (w.e.f. 27-5-1976).
+2. The proviso ins. by Act 49 of 2001, s. 7 (w.e.f. 24-9-2001).
+3. Subs. by Act 68 of 1976, s. 37, for section 39 (w.e.f. 27-5-1976).
+4. Subs. by Act 50 of 2003, s. 3, for “period of thirty days” (w.e.f. 23-12-2003).
+5. Ins. by Act 68 of 1976, s. 38 (w.e.f. 27-5-1976).
+16
+(b) if the petitions are presented to different district courts, the petitions 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 clause (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.
+40B. Special provisions 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 conclusions, 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.
+40C. 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 execused 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).
+CHAPTER VIII
+MISCELLANEOUS
+42. Saving.―Nothing contained in this Act shall affect the validity of any marriage not solemnized
+under its provisions; nor shall this Act be deemed directly or indirectly to affect the validity of any mode
+of contracting marriage.
+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 section 494 or section
+495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be
+void.
+17
+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 section 494 and section 495 of the Indian Penal Code (45 of 1860), for the offence
+of marrying again during the lifetime of a husband or wife, and the marriage so contracted shall be void.
+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 section 199 of the Indian Penal Code (45 of 1860).
+46. Penalty for wrongful action of Marriage Officer.―Any Marriage Officer who knowingly 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) in contravention of any other provision 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 section 48 to the Registrar-General or
+other authority the Marriage Officer shall make and send in 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 1
+* * * officers of the Central
+Government, and the State Government, in all other cases, may, by notification in the Official Gazette,
+make rules for carrying out the purposes of this Act.
+(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
+provide for all or any of the following matters, namely:―
+(a) the duties and powers of Marriage Officers and the areas in which they may exercise
+jurisdiction;
+
+1. The words “diplomatic and consular officers and other” omitted by Act 33 of 1969, s. 29 (w.e.f. 31-8-1969). 
+18
+(b) the manner in which a Marriage Officer may hold inquiries under this Act and the procedure
+therefor;
+(c) the form and manner in which any books required by or under this Act shall be maintained;
+(d) the fees 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 section 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 section 48;
+(g) any other matter which may be or requires to be prescribed.
+1
+[(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 (3 of 1872), in force in any Part B State immediately
+before the commencement of this Act are hereby repealed.
+(2) Notwithstanding such repeal,―
+(a) all marriages duly solemnized under the Special Marriage Act, 1872 (3 of 1872), or any such
+corresponding law shall be deemed to have been solemnized under this Act;
+(b) all suits and proceedings in causes and matters matrimonial which, when this Act comes into
+operation, are pending in any court, shall be dealt with and decided by such court, so far as may be, as
+if they had been originally instituted therein under this Act.
+(3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in section
+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.
+
+1. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15.3.1984).
+19
+THE FIRST SCHEDULE
+[See section 2(b) “Degrees of prohibited relationship”]
+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 (step great grand-mother).
+13. Father’s father’s mother.
+14. Father’s father’s father’s widow (step great 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’s daughter.
+31. Brother’s daughter.
+32. Mother’s sister.
+33. Father’s sister.
+34. Father’s brother’s daughter.
+20
+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 a divorced wife.
+PART II
+1. Father.
+2. Mother’s husband (step-father).
+3. Father’s father.
+4. Father’s mother’s husband (step grand-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. Sen’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’s husband.
+29. Brother.
+30. Brother’s son.
+31. Sister’s son.
+32. Mother’s brother.
+21
+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 purposes of this part, the expression “husband” includes a divorced husband.
+22
+THE SECOND SCHEDULE
+(See section 5)
+NOTICE OF INTENDED MARRIAGE
+To
+Marriage Officer for the .........................................................................District.
+We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be
+solemnized between us within three calendar months from the date hereof.
+Name Condition Occupation Age Dwelling
+place
+Permanent place
+dwelling if present
+dwelling place not
+permanent
+Length of
+residence
+A.B. Unmarried
+Widower
+Divorcee
+C.D. Unmarried
+Widow
+Divorcee
+Witness our hands this ....................................day of...........................................20......
+(Sd.) A.B.,
+(Sd.) C.D.,
+23
+THE THIRD SCHEDULE
+(See section 11)
+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 be true, I am liable to imprisonment and
+also to fine.
+(Sd.) A.B. (the Bridegroom).
+DECLARATION TO BE MADE BY THE 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.
+(Sd.) 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.
+(Sd.) G.H.
+(Sd.) I.J. Three witnesses.
+(Sd.) K.L.
+ Countersigned E.F.,
+ Marriage Officer
+Dated the day of 20
+24
+THE FOURTH SCHEDULE
+(See section 13)
+CERTIFICATE OF MARRIAGE
+I, E.F., hereby certify that on the………………………………………………………………….day of
+………………………………………………20…………..,A.B. and C.D* appeared before me and
+that each of them, in my presence and in the presence of three witnesses who have signed hereunder,
+made the declarations required by section 11 and that a marriage under this Act was solemnized between
+them in my presence.
+(Sd.) E.F.,
+ Marriage Officer for
+(Sd.) A.B.,
+ Bridegroom
+(Sd.) C.D., Bride.
+(Sd.) G.H.
+(Sd.) I.J. Three witnesses
+(Sd.) K.L.
+Dated the day of 20
+_______________________
+* Herein give particulars of the parties.
+25
+THE FIFTH SCHEDULE
+(See section 16)
+CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS
+I, E.F., hereby certify that A.B. and CD.* appeared before me this …………day of………. 20 and
+that each of them, in my presence and in the presence of three witnesses who have signed hereunder have
+declared that a ceremony of marriage has been performed between them and that they have been living
+together as husband and wife since the time of their marriage, and that in accordance with their desire to
+have their marriage registered under this Act, the said marriage has, this day of
+20……..................... been registered under this Act, having effect as from.
+(Sd.) E.F.,
+ Marriage Officer for
+(Sd.) A.B.,
+ Husband.
+(Sd.) C.D.
+ Wife.
+(Sd.) G.H.
+(Sd.) IJ. Three witnesses.
+(Sd.) K.L.
+Dated the day of 20.
+_______________________
+* Herein give particulars of the parties.