The Special Marriage Act, 1954 (SMA 1954) – Overview

The Special Marriage Act, 1954 (SMA 1954) – Bare Act | Overview

Indian

ACT NO. 43 OF 1954¹

[9^th Oct, 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 I Preliminary

Section 1. Short title, extent and commencement.
Section 2. Definitions.
Section 3. Marriage Officers.

Chapter II Solemnization Of Special Marriages

Section 4. Conditions relating to solemnization of special marriages.
Section 5. Notice of intended marriage.
Section 6. Marriage Notice Book and publication.
Section 7. Objection to marriage.
Section 8. Procedure on receipt of objection.
Section 9. Powers of Marriage Officers in respect of inquiries.
Section 10. Procedure on receipt of objection by Marriage Officer abroad.
Section 11. Declaration by parties and witnesses.
Section 12. Place and form of solemnization.
Section 13. Certificate of marriage.
Section 14. New notice when marriage not solemnized within three months.

Chapter III Registration Of Marriages Celebrated In Other Forms

Section 15. Registration of marriages celebrated in other forms.
Section 16. Procedure for registration.
Section 17. Appeals from orders under section 16.
Section 18. Effect of registration of marriage under this Chapter.

Chapter V Restitution Of Conjugal Rights And Judicial Separation

Section 19. Effect of marriage on member of undivided family.
Section 20. Rights and disabilities not affected by Act.
Section 21. Succession to property of parties married under Act.
Section 21A. Special provision in certain cases.

Chapter V Restitution Of Conjugal Rights And Judicial Separation

Section 22. Restitution of conjugal rights.
Section 23. Judicial separation.

Chapter VI Nullity Of Marriage And Divorce

Section 24. Void marriages.
Section 25. Voidable marriages.
Section 26. Legitimacy of children of void and voidable marriages.
Section 27. Divorce.
Section 27A. Alternative relief in divorce proceedings.
Section 28. Divorce by mutual consent.
Section 29. Restriction on petitions for divorce during first one year after marriage. 30. Remarriage of divorced persons.

Chapter VII Jurisdiction And Procedure

Section 31. Court to which petition should be made.
Section 32. Contents and verification of petitions.
Section 33. Proceedings to be in camera and may not be printed or published.
Section 34. Duty of court in passing decrees.
Section 35. Relief for respondent in divorce and other proceedings.
Section 36. Alimony pendente lite.
Section 37. Permanent alimony and maintenance.
Section 38. Custody of children.
Section 39. Appeals from decrees and orders.
Section 39A. Enforcement of decrees and orders.
Section 40. Application of Act 5 of 1908.
Section 40A. Power to transfer petitions in certain cases.
Section 40B. Special provisions relating to trial and disposal of petitions under the Act.
Section 40C. Documentary evidence.
Section 41. Power of High Court to make rules regulating procedure.

Chapter VIII Miscellaneous

Section 42. Saving.
Section 43. Penalty on married person marrying again under this Act.
Section 44. Punishment of bigamy.
Section 45. Penalty for signing false declaration or certificate.
Section 46. Penalty for wrongful action of Marriage Officer.
Section 47. Marriage Certificate Book to be open to inspection.
Section 48. Transmission of copies of entries in marriage records.
Section 49. Correction of errors.
Section 50. Power to make rules.
Section 51. Repeals and savings.

Schedules

The First Schedule
The Second Schedule
The Third Schedule
The Fourth Schedule
The Fifth Schedule

Footnotes:

The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I and to Pondicherry by Reg. 7 of 1963, Section 3 and Schedule I (w.e.f. 1-10-1963).↩

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