The Special Marriage Act, 1954

(1) This Act may be called the Special MarriageAct, 1954. ((2) It extends to the whole of India 1***, and applies also to citizens of India domiciled in theterritories to which this Act extends who are 2[in the State of Jammu and Kashmir]. (3) It shall come into force on such date3 as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- 1* * * * * (b) "degrees of prohibited relationship"-a man and any of the persons mentioned in Part I of theFirst Schedule and a woman and any of the persons mentioned in Part II of the said Schedule arewithin 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 byfull blood when they are descended from a common ancestor by the same wife and by half blood whenthey 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 bloodwhen they are descended from a common ancestress but by different husbands. Explanation IV.-- In Explanations II and III, ancestor includes the father and "ancestress" themother; 2* * * * * (d) "district" in relation to a Marriage Officer, means the area for which he is appointed as suchunder sub-section (1) or sub-section (2) of section 3; 3[(e) "district court" means, in any area for which there is a city civil court, that court, and in anyother area, the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government by notification in the Official Gazette as havingjurisdiction in respect of the matters dealt with in this Act;] (f) "prescribed" means prescribed by rules made under this Act; 4[(g) "State Government", in relation to a Union territory, means the administrator thereof.]

(1) For the purposes of this Act, the State Government may, by, notificationin the Official Gazette, appoint one or more Marriage Officers for the whole or any part of the State. 1[(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories towhich this Act extends who are in the State of Jammu and Kashmir, the Central Government may, bynotification in the Official Gazette, specify such officers of the Central Government as it may think fit tobe the Marriage Officers for the State or any part thereof.]

Notwithstanding anythingcontained in any other law for the time being in force relating to the solemnization of marriages, amarriage between any two persons may be solemnized under this Act, if at the time of the marriage thefollowing conditions are fulfilled, namely:-- (a) neither party has a spouse living; 1[(b) neither party-- (i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (ii) though capable of giving a valid consent, has been suffering from mental disorder of sucha kind or to such an extent as to be unfit for marriage and the procreation of children; or (iii) has been subject to recurrent attacks of insanity 2* * *;] (c) the male has completed the age of twenty-one years and the female the age of eighteen years; 3[(d) the parties are not within the degrees of prohibited relationship: Provided that where a custom governing at least one of the parties permits of a marriage betweenthem, such marriage may be solemnized, notwithstanding that they are within the degrees ofprohibited relationship; and 4[(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties arecitizens of India domiciled in the territories to which this Act extends.] 5[Explanation.-- In this section, "custom", in relation to a person belonging to any tribe, community,group or family, means any rule which the State Government may, by notification in the Official Gazette,specify in this behalf as applicable to members of that tribe, community, group or family: Provided that no such notification shall be issued in relation to the members of any tribe, community,group or family, unless the State Government is satisfied-- (i) that such rule has been continuously and uniformly observed for a long time among thosemembers; (ii) that such rule is certain and not unreasonable or opposed to public policy; and (iii) that such rule, if applicable only to a family, has not been discontinued by the family.]

When a marriage is intended to be solemnized under this Act, theparties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule tothe Marriage Officer of the district in which at least one of the parties to the marriage has resided for aperiod of not less than thirty days immediately preceding the date on which such notice is given.