Special Marriage Act, 1954

Act No. 43 of 1954 | Enacted 9 October 1954 | In force from 1 January 1955

The Special Marriage Act, 1954 provides a civil form of marriage, registration of certain marriages celebrated in other forms, and matrimonial remedies including judicial separation, divorce and divorce by mutual consent.

Current territorial position: Section 1(2) now provides that the Act extends to the whole of India. The former exclusion of the State of Jammu and Kashmir was omitted with effect from 31 October 2019.

Overview of the Special Marriage Act, 1954

The Act creates a statutory framework for solemnization of special marriages before a Marriage Officer. It also contains provisions concerning notice of intended marriage, objections, solemnization and certification, registration of marriages celebrated in other forms, succession consequences, matrimonial reliefs, maintenance, custody of children, appeals, remarriage and penalties.

The detailed provisions should be read section by section, particularly where eligibility, procedure, jurisdiction or matrimonial relief is involved.

Important provisions at a glance

Section 4

Conditions relating to solemnization of special marriages.

Sections 5-14

Notice, publication, objections, declaration, solemnization and marriage certificate.

Sections 15-18

Registration of marriages celebrated in other forms and the legal effect of registration.

Sections 22-23

Restitution of conjugal rights and judicial separation.

Sections 24-27

Void and voidable marriages and divorce.

Section 28

Divorce by mutual consent, subject to the statutory requirements.

Section 30

Remarriage after divorce when the statutory conditions are satisfied.

Sections 43-45

Penalties for specified offences and wrongful acts under the Act.

Section 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, and applies also to citizens of India domiciled in the territories to which the Act extends who are in the State of Jammu and Kashmir.

(3) It came into force on 1 January 1955 pursuant to the Central Government notification issued under the Act.

The words that formerly excluded the State of Jammu and Kashmir from the territorial extent of the Act were omitted by the Jammu and Kashmir Reorganisation Act, 2019 with effect from 31 October 2019.

Section-wise guide to the Special Marriage Act

Use the section links in the right panel to read the remaining provisions of the Act, including conditions for marriage, notice and objections, registration, matrimonial remedies, divorce, maintenance, appeals, penalties and the statutory schedules.