Detailed Presentation on Special Marriage Act, 1954 Made By: Edited By: Ayush Patria, Sangam University, Bhilwara Follow us on Instagram: @law_laboratory Website: www.lawlaboratory.in

1. SPECIAL MARRIAGE ACT, 1954

2. • Introduction:
Deals with ‘inter-caste’ and ‘inter-religion’ marriage.
This act provides a unique form of marriage by registration wherein
parties need not renounce their religion.

3. • Application:
Hindu, Muslim, Christian, Sikh, Jain, Buddhist. All states except
Jammu and Kashmir and citizens of India domiciled in territories
which extends in State of Jammu and Kashmir.

4. • Valid Marriage (Section.4):
1. Neither party has a living spouse [S.4(a)]
2. Neither party is incapable of giving consent at the of the
marriage.[S.4(a)(i)]
3. Neither party is suffering from mental disorder [S4(a)(ii)]

5. 4. Neither party has recurrent attacks of insanity.
[S.4(a)(iii)]
5. The groom is above age of 21 and bride is above 18
years old and not within prohibited relationship. [S.4(c)]

6. • Prohibited Relations (Section.2):
1. Half or uterine blood or full blood [S.2(a)]
2. Legitimate and illegitimate blood relations [S.2(b)]
3. Relations by adoption or blood[S2(c)]

7. • Notice (Section.5):
Parties shall give a notice as prescribed in 2nd Schedule to
Marriage Officer prior to which at least one party has resided not
less than 30 days.

8. • Notice to be recorded in Marriage Notice book and the
officer shall affix a copy to some conspicuous place. Also if
one of the party is not from that particular district, then a
copy shall be shared with the officer of that district.
(Section.6)

9. • Objection (Section.7,8,10):
Any person, before expiration on ground under S.4 can object but
that must be recorded by Marriage officer and signed by him. but
after expiration marriage may be solemnised if not objected
earlier. (S.7)

10. • Objection from State of Jammu and Kashmir; marriage officer
shall set an enquiry shall not solemnise and if thinks fit shall
take advise of Central Government; and thereby take decision.
(S.10)

11. • If objection is received Marriage Officer shall not solemnize
until he has inquired or objection is withdrawn. Enquiry shall be
within 30 days. And if objects, either party can appeal to district
court within 30 days who’s decision will be final (S.8).
• Solemnization: Marriage be solemnized at expiry of 30 days.
Notice valid for 3 months.

12. • Marriage Officer enters certificate in Marriage certificate Book
signed by parties and is evidence of marriage under this act
(S.13).

13. • Registration (Section.15):
1. Marriage ceremony has been performed and they have started
living together as husband and wife.[S.15(a)]

14. 2. Neither party-
has living spouse [S.15(b)]
Is idiot or lunatic at that time [S.15(c)]
3. Parties have completed age of 21. [S.15((d)]
4. Parties not within prohibited relation. [S.15(e)]

15. 5. Parties residing within District of Marriage Registrar not less than
thirty days preceding date of application. [S.15(f)]
• Procedure (Section16):
Once application is signed by parties, Marriage officer gives public
notice for objection and after hearing if any and verifying condition
fulfilled under S.15 certificate of marriage in Certificate Book shall be
signed by parties and three witness.

16. • Judicial Separation (Section.23):
Presented by either party on grounds specified under S.27. On
grounds of failure under S.22, courts can grant separation.
Also, it is not obligatory to cohabit.

17. Kay v. Kay, (1904) P.382 at pp.389, A man may cohabit with
his wife even if he is away or on a visit or on business because
it does not determine the conjugal relationship in any form.

18. • Void Marriage (Section 24):
1. Not fulfilled conditions provided under S.4 clause (a) to (d).
2. Respondent was impotent at time of marriage.
3. Marriage deemed to be solemnised under S.18 but registration
has no effect as mentioned in S.15 clause (a) to (e).

19. 4. No declaration in case where decision of District Court has
become final and appeal been preferred under Section 17.

20. • Voidable Marriage (Section.25):
1. Marriage not consummated willfully by respondent
[S.25(i)]
2. Respondent was pregnant with someone else at time of
marriage. [S.25(ii)]


21.  Petitioner unaware at time of marriage
 Instituted within an year
 Marital intercourse with consent of petitioner not taken

22. 3. Consent obtained by fraud, coercion [S.25(iii)]
 Proceedings not instituted within one year of coercion has
ceased or fraud discovered.
 Petitioner has lived with other party to marriage with free
consent after coercion has ceased.

23. In, Gitika Bagchi vs. Subhabrota Bagchi, AIR1999, Cal246.
where wife has concealed the fact of she being older than
husband. This amounted to fraud.

24. • Divorce (Section.27):
Grounds of dissolution present in 3 conditions-
1. Can be availed by both parties.
2. Special grounds can be only availed by wife.
3. By Mutual consent (S.28).

25. 1. By both parties-
a) Either party involved in voluntary sexual relation with other
person[S.27(2)(a)]. Jyotish Chandra Guha v. Meera Guha, AIR
(1970) Cal 266, Court held love letters written to spouse by
another would not amount adultery.

26. b) Respondent has deserted petitioner for not less than 2 years
before petition[S.27(2)(b)]. Sunil Kumar v. Usha, AIR
(1994) MP1, here wife left matrimonial home due to the
reign of terror.
c) Respondent is awarded punishment for 7 or more
years[S.27(2)(c)]

27. d) Russell vs. Russell, (1897) AC 395 legality of respondent behaved
cruelly or caused physical/ mental torture was laid.
e) If respondent has mental or psychopath disorder.
f) If respondent is suffering from vulnerable communicable disease.
g) If respondent has disappeared for seven or more years.

28. 2. Specially can be availed by wife:
If husband has been held guilty of committing rape, sodomy o
bestiality. After order of maintenance, husband failed to cohabi
within1 year, divorce shall be granted.

29. 3. Mutual Consent (S.28):
a) Not lived together for more than an year, as mutually agreed to
dissolve marriage.
b) If parties didn’t withdraw petition between 6 to 18 months
court after satisfaction can pass decree for dissolution.

30. • Restriction on divorce (Section.29):
Parties cant file for divorce for the period of 1year from the date
their marriage is recorded.
• Remarry (Section.30):
once marriage is dissolved, they don’t have right to appeal, yet
either party may remarry.