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THE SPECIAL MARRIAGE ACT

Title : THE SPECIAL MARRIAGE ACT

Year : 1954

[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 1
PRELIMINARY




(1) This Act may be called the Special Marriage Act, 1954.

(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to citizens of India domiciled in the territories to which the Act extends who are in the State of Jammu and Kashmir.

(3) It shall come into force on such date, i.e.1st January, 1955 as the Central Government may, by notification in the Official Gazette, appoint.



In this Act, unless the context otherwise, requires,-

(a) Omitted

(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 Schedules 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 Explns. II and III. "ancestor" includes the father and "ancestress" the mother;

(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 Sec.3;

(e) "District Court" means, in any area for which there is a City Civil 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:

(f) "Prescribed" means prescribed by rules made under this Act;

(g) "State Government", in relation to a Union territory, means the Administrator thereof.

Last updated on August, 2016

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