SPECIAL MARRIAGE ACT

1954
• IT WAS PASSED IN THE YEAR 1954 AND CAME INTO FORCE FROM 1
JANUARY,1955.
• THIS PIECE OF LEGISLATION PERMITS ANY MAN AND WOMAN TO MARRY
WITHOUT ANY RESTRICTION BASED ON CASTE OR RELIGION.
• THE ACT PROVIDES FOR A SPECIAL FORM OF MARRIAGE IN CERTAIN CASES,
REGISTRATION OF MARRIAGE AND DIVORCE.
• UNDER THE ACT, ANY TWO PERSONS IRRESPECTIVE OF THEIR RELIGION CAN GET
MARRIED AND PROVIDES VALIDITY TO SUCH MARRIAGE.
 APPLICATION OF
THE
ACT
 This Act covers marriages among Hindus, Muslims, Christians, Sikhs,
Jains and Buddhists.
 This Act applies to every state of India.
 This Act extends not only to the Indian citizens belonging to different
castes and religions but also to the Indian nationals living abroad.
Conditions of valid marriage
under the act
A marriage to be valid under the Act,the following conditions are to
be satisfied :

 MONOGAMY : Neither party should have a spouse living at the

time of the marriage.
 MUST NOT BE OF UNSOUND MIND : Both the parties to the
marriage must be of sound mind(same mind).
 AGE LIMIT : The boy and girl must have completed the age of
21 years and 18 years respectively.
 PROHIBITED RELATIONSHIP: The parties to the marriage are
not within the degree of prohibited relationship.
 DECLARATION (Sec. 11) : According to Section 11 of the Act,
the marriage declaration shall be signed by the parties to the
marriage and 3 witnesses and the same is countersigned by the
Marriage Officer.
 PLACE AND FORM (Sec. 12) : The marriage may be
solemnized at the office of the Marriage Officer or within the
reasonable distance from the office. If the marriage is to take
place outside the office, the parties must be ready to pay the
additional fees. The parties shall say in the presence of the
Marriage Officer and 3 witnesses.
 CERTIFICATION OF MARRIAGE (Sec. 13) : After the marriage
is solemnized, the Marriage Officer enters the marriage in the
‘Marriage Certificate Book’ and issues Marriage Certificate. The
certificate is to be signed by the parties and the witnesses.
Procedure for solemnization of
marriage under the Act
 NOTICE (Sec. 5) : The parties to the marriage shall give a notice
in writing to the Marriage Officer of the District and at least one
of the parties has resided for a period not less than 30 days
immediately preceding the date of such notice.
 PUBLICATION OF NOTICE (Sec. 6) : A true copy of the notice
shall be filed in the “Marriage Notice Book”.
 OBJECTION TO MARRIAGE (Sec. 7 & 8) : When the notice is
published, any person can raise an objection to the proposed
marriage. Then, the Marriage Officer has to make necessary
enquiry and can pass appropriate orders. His powers are similar
to the powers of a civil court. The partied can file an appeal
before the District Court against the order within 30 days.
 VOID MARRIAGE
A marriage in contravention of the rules relating to monogamy and
monoandry, mental condition of the parties, age limit, or prohibited
degrees of relationship is void under the Act. Impotency of either
party at the time of the proceedings also renders a marriage void.

 VOIDABLE MARRIAGE
If the marriage has not been consummated owing to the wilful
refusal of the respondent or the respondent was pregnant at the
time of marriage by some person other than the petitioner or the
consent of the marriage was obtained by fraud or coercion renders
a marriage voidable.
GROUNDS FOR DIVORCE

 Adultery of the respondent after the solemnization of marriage.

 Desertion for a period of 2 years.
 Imprisonment of the respondent for a term of 7 years or more for
an offence under the IPC.
 Cruelty
 Mental disorder
 Veneral disease in a communicable form
 Leprosy not contracted from the petitioner
 Seven years absence raising a presumption of death.
THANKYOU