Special marriage
Act,1954
-Aswathy.K.J
22
4th Bcom LLB
• As one of independent India’s most significant secular
initiatives, the Special Marriage Act, 1954 was brought
into the Indian legal system in 1954. The Act was
intended to be a piece of legislation that controls
weddings that could not be solemnised due to religious
traditions. The Act applies to all Indian nationals, whether
they live in India or outside. The State of Jammu and
Kashmir is not included in the scope of this Act, although
persons domiciled in other states but residing in Jammu
and Kashmir would be eligible for these provisions.
• It forbids polygamy and declares a marriage null and void if neither
party had a spouse living at the time of the marriage.
• The married partners must be in a sound state of mind. The parties
must be able to make their own decisions and be sane at the
moment of marriage.
• Both parties to the marriage must have reached the legal age of
majority. The female party must be at least eighteen years old at the
time of marriage application, and the male party must be at least
twenty-one years old.
• The parties going into marriage should not be in close proximity to
one another and should not be in a forbidden connection with each
other
Section 4- Essentials
• Section 5 of the Act specifies that the parties must give
written notice to the Marriage Officer of the District and
that at least one of the parties must have lived in the
district for at least 30 days immediately before the date of
such notification. The application must be filed in
accordance with the required format.
Section 5
• According to Section 6 of the Act, the original and
genuine copy of the notification must be submitted in the
‘Marriage Notice Book.’ After the Marriage Officer
receives the application, he or she will publish a thirty-
day public notice to see whether there are any objections
to the marriage. Non-compliance with any of the Act’s
criteria or requirements is one of the most common
objections dealt with.
Section 6
• Section 8 of the legislation stipulates that anybody may
object to the intended marriage after the notice is
published. When a Marriage Officer receives an
objection, he or she must do the necessary investigation
and deal with it correctly.
Section 8
• According to Section 11 of the Act, the declaration of
marriage must be signed by the parties to the marriage
and three witnesses, and it must be checked and signed
by the Marriage Officer.
Section 11
• According to Section 12 of the Act, the marriage may be
solemnised in the Marriage Officer’s office or within a
reasonable distance of the office. If the marriage takes
place outside of the Marriage Officer’s office, there
should be additional costs paid.
Section 12
• Section 13 of the Act deals with marriage certification.
The marriage officer enters the marriage in the ‘Marriage
Certificate book’ and issues a Marriage Certificate when
the marriage is solemnised.
Section 13
• There are no religious rites necessary under Section 16 of
the Act which defines the procedure for registration of
marriage. The marriage under this Section is solemnised
by a Marriage Officer designated by the Government, and
the relevant parties to the marriage must provide notice to
the Marriage Officer in the appropriate way.
Section 16
• Section 24 – void marriages
• Section 25- voidable marriages
• *if the marriage was consummated owing to
the wilful refusal of the respondent.
• *if the respondent is pregnant at the time of
marriage by some other person
• * if the consent in marrage wa obtained by
fraud or coercion.
Nullity of marriage
• Section 26 of the Act recognizes the validity of children
born to people who married under the Special Marriage
Act, 1954.the childrens born out of void and voidable
marriages shall be legitimate. They retain ownership of
the property even after the marriage is declared null and
void. The offspring of such marriages are not entitled to
ancestral property. They can only obtain a share of their
parents’ self-owned or inherited property.
Section 26
• Adultery of the respondent after the marriage
• Desertion of the respondent for a period of two years.
• Imprisonment of the respondent for a term of seven years
or more.
• Cruelty from the part of the respondent
• Mental disorder of the respondent
• Leprosy not contracted from the petitioner.
Section 27-Divorce
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