Provisions of Marriage and Divorce under Special Marriage Act,1954

1. RASHMI DUBEY
FACULTY OF LAW

2.  INTRODUCTION : The Special Marriage Act, 1954 was passed in
the year 1954 and came into force from 1st January,1955. It applies to
the whole of India except the State of Jammu & Kashmir. It contains
51 Sections divided into 8 Chapters. The Act provides for a special
form of marriage in certain cases; registration of marriage and
divorce.
 Under the Act, any two persons irrespective of their religion can get
married. In other words, the Act provides for validity of marriage
between men and women irrespective of caste and
religious restrictions.

3.  A marriage to be valid under the Act, the following conditions are to
be satisfied :
1. Monogamy : Neither party should have a spouse living at the time
of the marriage.
2. Must not be of unsound mind : Both the parties to the marriage
must be of sound mind(sane mind).
3. Age Limit : The boy and girl must have completed the age of 21
years and 18 years respectively.

4. 4. Prohibited Relationship : The parties to the marriage are not within
the degree of prohibited relationship.
PROCEDURE FOR SOLEMNIZATION OF
MARRIAGE UNDER THE ACT :
1. Notice (Sec. 5) : The parties to the marriage shall give a notice in
writing to the Marriage Officer of the District and at least one of the
parties has resided for a period not less than 30 days immediately
preceding the date of such notice.

5. 2. Publication of Notice(Sec.6) : A true copy of the notice shall be
filed in the “Marriage Notice Book”.
3. Objection to marriage (Sec. 7 & 8) : When the notice is published,
any person can raise an objection to the proposed marriage. Then, the
Marriage Officer has to make necessary enquiry and can pass
appropriate orders. His powers are similar to the powers of a civil court.
The parties can file an appeal before the District Court against the order
within 30 days.

6. 4. Declaration (Sec. 11) : According to Section 11 of the Act, the
marriage declaration shall be signed by the parties to the marriage and
three witnesses and the same is countersigned by the Marriage Officer.
5. Place and Form(Sec. 12) : The Marriage may be solemnized at the
office of the Marriage Officer or within the reasonable distance from the
office. If the marriage is to take place outside the office, the parties must
be ready to pay additional fees. The parties shall say in the presence of
Marriage Officer and three witnesses.
“I (A) take thee (B), to be my lawful wife (or husband)”

7. 6. Certificate of Marriage(Sec. 13):After the marriage is solemnized,
the Marriage Officer enters the marriage in the ‘Marriage Certificate
Book’ and issues Marriage Certificate. The certificate is to be signed by
the parties and the witnesses.
 Other provisions of the Act :
1. Section 24 & 25 deals with Void and Voidable marriages.
2. Section 22 deals with Restitution of Conjugal Rights.
3. Section 23 deals with Judicial Separation.

8. 4. Section 27 provides for the Grounds of Divorce.
5. Section 28 speaks about the divorce by Mutual Consent; and
6. The Law of Succession applicable to the parties (who got married)
under the Act is Indian Succession Act, 1925.

9. THANK YOU

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special-marriage-act1954