SPECIAL MARRIAGE ACT,

1954
S.M. Act is an Act to provide a special form of
marriage in certain cases, for registration of
marriage and for divorce.
 Marriage governed by S.M. Act are not governed by personal laws.
 Applicability: 1. It applies to Indian Citizen irrespective of religion, faith which
either party to the marriage may profess.
 2. Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis or Jews can also
perform marriage under S.M.Act
 3. inter religious marriages are performed under this Act
 4. it applies to Indians within the territory of India and even to Indians living
abroad.
 Indians residing outside India-M.O.- Diplomatic and Consular Officer

 It allows two individuals to solemnise their marriage through a civil contract.

No religious formalities are needed.
 The parties performing marriage under this Act, need not renounce their
religion
 The fundamental requirement under this Act for a valid marriage is that the
consent of both the parties to the marriage.
 If both the parties to the marriage are willing to marry each other then caste,
religion cannot be the barrier to their union.
 They may observe any ceremonies but certain formalities are prescribed before
the marriage can be registered before the M.O.
 Any two persons can marry under S.M Act

 The conditions for marriage Sec 4

 a. Neither party has a spouse living
 b. Neither party should be of unsound mind
 c. the bridegroom must be 21 years and the bride of
18 years
 d. the parties are not within the degree of prohibited
relationship
 f. where the marriage is solemnized outside the
territories to which this Act extends, both parties are
citizens of India domiciled in the said territories.
Ceremonies /formalities

 Giving notice by the parties to the Marriage Officer of the district where one of
the party must reside atleast 30 days prior of giving notice.
 M.O. will record the notice in the Marriage Notice book.
 Notice will be published.
 Affix a copy of the notice in his office after publication.
 Sends a copy of the notice to the M.O. in which the party has a permanent
residence and he would affix in his office
 After publication, 30 days time is given for recording any objections
 If any objections are raised, the M.O. will enquire upon it.
 If objections are upheld by M.O. either party can appeal to the District Court,
whose decision shall be final.
 If no objections are raised or if objections are rejected, the parties with three
witnesses sign in the presence of the M.O. declarations that they are unmarried
and that they are not related within the prohibited degrees and have completed
21 years(boy) and 18 years (girl) and that declaration has to be countersigned
by M.O.
 The marriage is solemnised in any form which the parties chose to adopt.
 Once marriage is solemnised, certificate is issued by the M.o
 This certificate is conclusive evidence of the solemnisation
 The solemnisation should be completed within three months from the date of
notice, otherwise notices lapses and a new notice will have to be issued,
Ground for Judicial separation(remedies) Sec 23
 Either husband or wife can file for judicial
separation.
 Every ground for divorce is a good ground for

alternative relief of judicial separation except

one ground mentioned under divorce i.e. not
being heard for 7 years or more is not a good
ground for judicial separation.
 Failure to comply with a decree for restitution

of conjugal rights is a good ground for

judicial separation
 Void Marriages Sec 24
 Any marriage solemnised under this Act shall
be null and void and on the petition
presented by either party against other party
be declared by a decree of nullity if :-
 Any of the codsitions specified under clauses

of sec 4has not been fulfilled

 Voidable Marriages Sec 25:
 Any marriage solemnised under this Act shall be voidable and may be annulled by
decree of nullity if:-
 The marriage has not been consummated due to wilful refusal of the respondent or
 The respondent at the time of the marriage was pregnant by some other person
other than the petitioner
 The consent of either party was obtained by coercion or fraud
 Provided that cases specifies under clause 2, the court shall not grant a decree of
nullity unless the court is satisfied
 a. that the petitioner was at the time of the marriage was ignorant by the facts
alleged
 b. that the proceedings was initiated within a year from the date of the marriage
and
 c. the marital intercourse between the parties has not taken place since the
discovery of the facts by the petitioner.
 Further provided that in cases specifies under clause 3, the court shall not grant a
decree of nullity unless the court is satisfied
 a. the proceedings has not been initiated within a year after the coercion has
ceased or the fraud had been discovered or
 b. the petitioner has with his/her consent lived with each other as husband and
wife after the coercion has ceased or the fraud had been discovered
 Custody of children Sec 38: welfare of children
i.e custody, maintenance and education of
minor children
 Jurisdiction Sec 31: Every petition shall be
presented to the District Court who has
jurisdiction to entertain petition for restitution
of conjugal rights, nullity of marriage and
divorce.
 Legitimacy of Children Sec 26: legitimacy if
children of void and voidable marriages are
considered to be legitimate
Ground for Divorce Sec 27
 Either husband or wife can file for divorce before the District Court on
the ground that the Respondent
 1. After solemnisation of marriage, the Respondent had sexual
intercourse with the third person.
 2. Has deserted the Petitioner for 2 years prior to the petition.
 3. Is undergoing sentence of imprisonment for seven years or more for
an offence under IPC.
 4. has treated the petitioner with the cruelty after solemnisation
 5. Has been incurably of unsound mind or suffering from mental
disorder to such an extent that the petitioner is unable to live with the
petitioner.
 6. has been suffering from vulnerable disease.
 7. suffering from leprosy.
 8. has not been heard of alive for 7 years or more
 9. has not resumed cohabitation for one year or more after passing a
decree of judicial separation against the Respondent
 10. has failed to comply with a decree for restitution of conjugal rights
for one year or more.
Special ground for wife

 1. Husband being guilty of rape, sodomy or

bestiality
 2. though an order of maintenance to the

wife was passed against husband, and since

then he has not resumed cohabitation for one
year or more after passing the order.
Divorce by Mutual Consent
 Petitioner for divorce may be presented to the District Court by
both Parties together on the ground that they are living
separately for one year or more and are not able to live together
and that they have mutually agreed to dissolve the marriage
 Then they should wait for six months after the petition
 But before expiry of 18 months from the petition, they should
move jointly for decree before court.
 If the petition is withdrawn in the meantime then the court may
pass decree declaring the marriage to be dissolved, after making
such inquiry and after hearing the parties.
 No divorce petition can be filed unless at the date of the
presentation of the petition, one year has been passed since
entering the certificate of marriage in the Marriage Certificate
Book