Special Marriage Act, 1954
[43 OF 1954]1
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
Short title, extent and commencement.
1. (1) This Act may be called the Special Marriage Act, 1954.2
(2)It extends to the whole of India 3[***], and applies also to citizens of India domiciled in the territories to which this Act extends who are 4[in the State of Jammu and Kashmir].
(3)It shall come into force on such date5 as the Central Government may, by notification in the Official Gazette, appoint.
COMMENTS
SECTION NOTES
1.1 Short Title
This Act is formally known as the “Special Marriage Act, 1954.”
1.2 Extent of Application
The Act applies across the entire territory of India.
1. Dated 9-10-1954.
2.The Act has been extended to Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963, w.e.f. 1-7-1965; Pondicherry by the Pondicherry (Laws) Regulation, 1963, w.e.f. 1-10-1963 and in the State of Sikkim vide S.O. 1629(E), w.e.f. 15-4-2021.
3. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
4. Substituted for “outside the said territories” by the Foreign Marriage Act, 1969, w.e.f. 31-81969.
5. With effect from 1-1-1955.
The Act is enforceable from a date [w.e.f. 1-1-1955] specified by the Central Government through a notification in the Official Gazette. Definitions.
2. In this Act, unless the context otherwise requires,—
(a) 6[***]
(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;
(
c) 7[***]
(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;
8[(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 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;]
6. Omitted by the Foreign Marriage Act, 1969, w.e.f. 31-8-1969. Prior to its omission, clause (a) read as under:
‘(a) “consular officer” means a consul-general, consul, vice-consul, pro-consul or consular agent;’
7. Omitted by the Foreign Marriage Act, 1969, w.e.f. 31-8-1969. Prior to its omission, clause (c) read as under:
‘(c) “diplomatic officer” means an ambassador, envoy, minister, charged’ affaires, high commissioner, commissioner or other diplomatic representative, or a counsellor or secretary of an embassy, legation or high commission;’
8. Substituted by the Marriage Laws (Amendment) Act, 1976, w.e.f. 27-5-1976. Prior to its substitution, clause (e) read as under:
‘(e) “district court” means the principal civil court of original jurisdiction, and where there is a city civil court that court;’
(f) “prescribed” means prescribed by rules made under this Act;
9[(g) “State Government”, in relation to a Union territory, means the administrator thereto.]
COMMENTS
SECTION NOTES
2.1 Degrees of Prohibited Relationship [Section 2(b)]
A man and the persons listed in Part I of the First Schedule.
A woman and the persons listed in Part II of the First Schedule.
2.1-1 Relationship includes:
Full blood: Descendants of the same ancestor through the same wife.
Half blood: Descendants of the same ancestor through different wives.
Uterine blood: Descendants of the same ancestress through different husbands.
Relationships include legitimate, illegitimate, and those by adoption.
“Ancestor” refers to the father; “ancestress” refers to the mother.
2.2 District [Section 2(d)]
Refers to the geographical area assigned to a Marriage Officer, as defined under section 3.
2.3 District Court [Section 2(e)]
Includes:
City Civil Court (in cities with such Courts).
Principal Civil Court of original jurisdiction (in other areas where there is no city Civil Court).
Courts designated by the State Government via notification.
Marriage Officers.
3. (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.
10[(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,
9. Substituted by the Adaptation of Laws (No. 3) Order, 1956. Prior to its substitution, clause (g) read as under:
‘(g) “State Government”, in relation to a Part C State, means the Lieutenant Governor or, as the case may be, the Chief Commissioner of the State.’
10. Substituted by the Foreign Marriage Act, 1969, w.e.f. 31-8-1969. Prior to its substitution, sub-section (2) read as under:
“(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 outside the said territories, the Central Government may, by notification in the Official Gazette, —
(
a) in the case of the State of Jammu and Kashmir, specify such officers of the Central Government as it may think fit to be the Marriage Officers for the State or any part thereof; and
(
b) in the case of any other country, place or area, appoint such diplomatic or consular officers as it may think fit to be the Marriage Officers for the country, place or area.”
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.]
COMMENTS
SECTION NOTES
3.1 Appointment by State Government [Section 3(1)]
The State Government is authorized to:
Appoint one or more Marriage Officers.
Define the jurisdiction of these officers, which may cover the entire state or specific parts.
Notification of the appointment must be published in the Official Gazette.
3.2 Appointment by Central Government [Section 3(2)]
Applicable to Indian citizens domiciled in the territories where this Act is in force but residing in Jammu and Kashmir.
The Central Government:
May appoint officers of its own departments as Marriage Officers.
Must specify the jurisdiction of these officers by issuing a notification in the Official Gazette.
CHAPTER II
SOLEMNIZATION OF SPECIAL MARRIAGES
Conditions relating to solemnization of special marriages.
4. 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;
11[(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 12[***];]
11. Substituted by the Marriage Laws (Amendment) Act, 1976, w.e.f. 27-5-1976. Prior to its substitution, clause (b) read as under:
“(b) neither party is an idiot or a lunatic;”
12. Words “or epilepsy” omitted by the Marriage Laws (Amendment) Act, 1999, w.e.f. 29-12-1999.
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
13[(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]
14[(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.]
15[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
(iii) that such rule, if applicable only to a family, has not been discontinued by the family.]
COMMENTS
SECTION NOTES
4.1 Overriding Provision
The conditions prescribed apply irrespective of other laws concerning marriage solemnization.
4.2 Conditions for Marriage
Neither Party Has a Living Spouse
Both parties must be unmarried or legally divorced/widowed at the time of marriage.
13. Substituted by the Special Marriage (Amendment) Act, 1963, w.e.f. 22-9-1963. Prior to its substitution, clause (d) read as under:
“(d) the parties are not within the degrees of prohibited relationship; and”
14. Substituted by the Foreign Marriage Act, 1969, w.e.f. 31-8-1969. Prior to its substitution, clause (e) read as under:
“(e) where the marriage is solemnized outside the territories to which this Act extends, both parties are citizens of India domiciled in the said territories.”
15. Inserted by the Special Marriage (Amendment) Act, 1963, w.e.f. 22-9-1963.
Mental Capacity
Neither party should be:
1. Incapable of giving valid consent due to unsoundness of mind.
2. Suffering from a mental disorder rendering them unfit for marriage or procreation.
3. Subject to recurrent attacks of insanity.
Minimum Age
Male: 21 years.
Female: 18 years.
Degrees of Prohibited Relationship
Parties must not fall within the prohibited relationships as specified in the Act unless:
A governing custom permits such a marriage.
Special Condition for Jammu and Kashmir
Both parties must be Indian citizens domiciled in territories where this Act applies.
4.2-1 Definition of Custom:
A “custom” must be:
1. Observed continuously and uniformly for a long time.
2. Clear, reasonable, and aligned with public policy.
3. If family-specific, not discontinued by the family.
The State Government must issue a notification in the Official Gazette for any custom to be valid.
CASE LAWS
Right to Choose Marriage Partner - The Supreme Court reaffirmed the right of an adult woman to marry a person of her choice, irrespective of parental approval, emphasizing the secular and democratic nature of Indian society. In the case of an inter-religious marriage, the Court declared that once a woman is a major, her wishes are paramount, and any harassment, threats, or violence by others, including her parents, would be unlawful. Directions were issued to protect the couple from harassment and ensure their safety. – Fiaz Ahmed Ahanger v. State of J&K AIR ONLINE 2009 SC 14.
Legal Requirements for Marriage - The Supreme Court emphasized the essential conditions for a valid marriage under Section 4 of the Special Marriage Act. These include monogamy, mental capacity, age of majority, and compliance with prohibited relationships unless permitted by custom. The Court upheld the principle that marriage must be solemnized in accordance with these legal requirements to ensure its validity, as non-compliance may render it void. – Indra Sarma v. V.K.V. Sarma AIR 2014 SC 309.
Notice of intended marriage.
5. 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.
COMMENTS
SECTION NOTES
5.1 Requirement of Written Notice
The parties intending to marry must provide a written notice of their intent to the Marriage Officer.
The notice must be in the form prescribed by the Second Schedule of the Act.
5.2 Jurisdiction of the Marriage Officer
The notice must be submitted to the Marriage Officer of the district where at least one party has resided.
5.2-1 Period of Residency:
At least one party must have lived in the specified district for not less than 30 days immediately preceding the submission of the notice.
Marriage Notice Book and publication.
6. (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.
COMMENTS
SECTION NOTES
6.1 Maintenance of Marriage Notice Book [Section 6(1)]
The Marriage Officer must:
Keep all notices received under section 5 as part of official records.
Enter a true copy of every notice into a dedicated register known as the Marriage Notice Book.
6.1-1 Inspection:
The Marriage Notice Book must be open for inspection at all reasonable times, free of charge, to anyone who wishes to view it.
SPECIAL MARRIAGE ACT 1954 –BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN’S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JANUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364555869
NO. OF PAGES : 64
BINDING TYPE : PAPERBACK
DESCRIPTION
Special Marriage Act 1954 [Bare Act with Section Notes] by Taxmann presents the legislative text along with comprehensive Section Notes elucidating key points, amendments, and relevant case law. Updated to 2025, it is essential to understand and apply the Act’s provisions for marriage registration, separation, nullity, and divorce.
This book is intended for the following audience:
• Legal Practitioners & Judges
• Government & Court Officials
• NGOs & Social Workers
• Law Students & Academics
• General Readers & Couples
The Present Publication is the 2025 Edition, covering the amended and updated text of the Special Marriage Act [Act No. 43 of 1954], with the following noteworthy features:
• [Bare Act] Chapter-wise legislative text presented verbatim
• [Section Notes] Summaries of key points, judgments, and cross-references
• [Updated Amendments & Case Law] Incorporates changes and judicial interpretations up to 2025
• [Pre-amendment Provisions] Displays earlier text in amendment footnotes
• [Clear Explanations] Highlights definitions, procedures, and landmark rulings
• [User-friendly Layout] Chapter-wise arrangement with a detailed table of contents and subject index
• [Practical Insights] Guidance on registration, jurisdiction, void/voidable marriages, and divorce