Some extracts from the Special Marriage Act, 1954

In India, people of each religion or community are governed by their own personal laws in matters involving marriage, divorce and inheritance. When people of different religions wish to get married, they do so under…

An Act to provide a special form of marriage in certain cases…enacted by Parliament in the Fifth Year of the Republic of India…

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.

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;

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 Explns II and III ‘ancestor’ includes the father and ‘ancestress’ the mother.

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.

The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.

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 subsection (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 subsection (2) of Sec. 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1).

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.

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 witnesses and in any language understood by the parties, “I (A) take thee (B), to be my lawful wife (or husband).”