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Special Marriage Act 1954

Section 4 - Conditions of marriage under Special Marriage Act

(a) Monogamy

(b) Insanity

(c) Age

(d) Prohibited Relationship


Section 3 - Marriage Officers

Section 5 - Notice of intended marriage. Safia Sultana Vs State of UP

Section 11 - 3 witnesses

Section 12 - Place and form of Solemnization

Section 13 - Marriage Certificate

Section 22 - Restitution of conjugal rights - Filed in District Court

Section 23 - Judicial Separation


Section 24 - Void Marriage

If any of the four conditions in Section 4 is not satisfied then marriage is null and void.

5th Ground for void marriage is that partner is impotent


Section 25 - Voidable Marriage

(i) One partner refuses to consummate

(2) Respondent was pregnant by someone else during marriage

(3) Without consent




Section 27 - Grounds for Divorce

(b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]

(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860);

(d) has since the solemnization of the marriage treated the petitioner with cruelty; or

(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

(f) has been suffering from venereal disease in a communicable form]; or

(g) has 5[***] been suffering from leprosy, the disease not having been contacted from the petitioner; or
(h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive;


Section 28 - Mutual Consent Divorce

Section 29 - 1 Year, Divorce

Section 30 - Remarry.


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