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5. Notice of intended marriage.
6. Marriage Notice Book and publication.
7. Objection to marriage.
8. Procedure on receipt of objection.
9. Powers of Marriage Officers in respect of inquiries.
10. Procedure on receipt of objection by Marriage Officer abroad.
11. Declaration by parties and witnesses.
12. Place and form of solemnization.
13. Certificate of marriage.
14. New notice when marriage not solemnized within three months.
CHAPTER III
REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS
15. Registration of marriages celebrated in other forms.
16. Procedure for registration.
17. Appeals from orders under section 16.
18. Effect of registration of marriage under this Chapter.
CHAPTER IV
CONSEQUENCES OF MARRIAGE UNDER THIS ACT
19. Effect of marriage on member of undivided family.
20. Rights and disabilities not affected by Act.
21. Succession to property of parties married under Act.
21A. Special provision in certain cases.
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CHAPTER V
RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
SECTIONS
22. Restitution of conjugal rights.
23. Judicial separation.
CHAPTER VI
NULLITY OF MARRIAGE AND DIVORCE
24. Void marriages.
25. Voidable marriages.
26. Legitimacy of children of void and voidable marriages.
27. Divorce.
27A. Alternative relief in divorce proceedings.
28. Divorce by mutual consent.
29. Restriction on petitions for divorce during first one year after marriage.
30. Remarriage of divorced persons.
CHAPTER VII
JURISDICTION AND PROCEDURE
31. Court to which petition should be made.
32. Contents and verification of petitions.
33. Proceedings to be in camera and may not be printed or published.
34. Duty of court in passing decrees.
35. Relief for respondent in divorce and other proceedings.
36. Alimony pendente lite.
37. Permanent alimony and maintenance.
38. Custody of children.
39. Appeals from decrees and orders.
39A. Enforcement of decrees and orders.
40. Application of Act 5 of 1908.
40A. Power to transfer petitions in certain cases.
40B. Special provisions relating to trial and disposal of petitions under the Act.
40C. Documentary evidence.
41. Power of High Court to make rules regulating procedure.
CHAPTER VIII
MISCELLANEOUS
42. Saving.
43. Penalty on married person marrying again under this Act.
44. Punishment of bigamy.
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SECTIONS
45. Penalty for signing false declaration or certificate.
46. Penalty for wrongful action of Marriage Officer.
47. Marriage Certificate Book to be open to inspection.
48. Transmission of copies of entries in marriage records.
49. Correction of errors.
50. Power to make rules.
51. Repeals and savings.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.
THE FIFTH SCHEDULE.
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THE SPECIAL MARRIAGE ACT, 1954
ACT NO. 43 OF 19541
[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 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 2
***, and applies also to citizens of India domiciled in the
territories to which this Act extends who are 3
[in the State of Jammu and Kashmir].
(3) It shall come into force on such date4
as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.―In this Act, unless the context otherwise requires,―
5
* * * * *
(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 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;