(Act no. 43 of 1954)

Preamble

(NO.43 OF 1954)

[9th October, 1954]

An Act to provide a special form 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

1. Short title, extent and commencement —

(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 this Act extends who are outsider the said territories.

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

2.Definitions:-- In this Act, unless the context otherwise requires,--

(a) "Consular Officer" means a consul-general, Consul, vice-consul, pro-consul or consular agent;

(b) "degree 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 person 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) "diplomatic officer" means an ambassador, envoy, minister, charge d' affaires, high commissioner, commissioner or other diplomatic representative, or a counsellor or secretary of an embassy, legation or high commission;

(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;

(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;

(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

3.Marriage Officers.—

(1) For the purpose 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.

(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.