First, Second, Third, Fourth and Fifth Schedules of the Special Marriage Act, 1954

The five schedules prescribe prohibited relationships, the notice of intended marriage, declarations by the parties, and certificates for marriages solemnized or registered under the Special Marriage Act, 1954 (Act 43 of 1954).

The schedules must be read with the corresponding provisions of the Act. Section 2(b) defines degrees of prohibited relationship; section 5 governs notice of intended marriage; section 11 requires declarations by the parties and three witnesses; section 13 governs the certificate of solemnization; and section 16 governs registration certificates for marriages celebrated in other forms.

First Schedule: Degrees of prohibited relationship (section 2(b))

Under section 4(d), the parties must not be within the prohibited degrees of relationship unless a custom governing at least one party permits such a marriage. The statutory definition includes relationships by full, half or uterine blood, by adoption, and legitimate or illegitimate blood relationship.

Schedule 1st, 2nd, 3rd, 4th and 5th of Special Marriage Act 1954

THE FIRST SCHEDULE

[See section 2(b) "Degrees of prohibited relationship"]

PART I

1. Mother.
2. Father's widow (step-mother).
3. Mother's mother.
4. Mother's father's widow (step grand-mother).
5. Mother's mother's mother.
6. Mother's mother's father's widow (step great grand-mother).
7. Mother's father's mother.
8. Mother's father's father's widow (step great grand-mother).
9. Father's mother.
10. Father's father's widow (step-grand mother).
11. Father's mother's mother.
12. Father's mother's father's widow (step great grand-mother).
13. Father's father's mother.
14. Father's father's father's widow (step great grand-mother).
15. Daughter.
16. Son's widow.
17. Daughter's daughter.
18. Daughter's son's widow.
19. Son's daughter.
20. Son's son's widow.
21. Daughter's daughter's daughter.
22. Daughter's daughter's son's widow.
23. Daughter's son's daughter.
24. Daughter's son's son's widow.
25. Son's daughter's daughter.
26. Son's daughter's son's widow.
27. Son's son's daughter.
28. Son's son's son's widow.
29. Sister.
30. Sister's daughter.
31. Brother's daughter.
32. Mother's sister.
33. Father's sister.
34. Father's brother's daughter.
35. Father's sister's daughter.
36. Mother's sister's daughter.
37. Mother's brother's daughter.

Explanation.-For the purposes of this Part, the expression "widow" includes a divorced wife.

 

Second Schedule: Notice of intended marriage (section 5)

Section 5 requires written notice in the prescribed form to the Marriage Officer of the district in which at least one party has resided for not less than thirty days immediately preceding the notice. Section 14 generally requires a fresh notice if the marriage is not solemnized within the statutory three-month period, subject to the appeal and decision provisions stated there.

PART II

1. Father.
2. Mother's husband (step-father).
3. Father's father.
4. Father's mother's husband (step grand-father).
5. Father's father's father.
6. Father's father's mother's husband (step great grand-father).
7. Father's mother's father.
8. Father's mother's mother's husband (step great grand-father).
9. Mother's father.
10. Mother's mother's husband (step grand-father).
11. Mother's father's father.
12. Mother's father's mother's husband (step great grand-father).
13. Mother's mother's father.
14. Mother's mother's mother's husband (step great grand-father).
15. Son.
16. Daughter's husband.
17. Son's son.
18. Son's daughter's husband.
19. Daughter's son.
20. Daughter's daughter's husband.
21. Son's son's son.
22. Son's son's daughter's husband.
23. Son's daughter's son.
24. Son's daughter's daughter's husband.
25. Daughter's son's son.
26. Daughter's son's daughter's husband.
27. Daughter's daughter's son.
28. Daughter's daughter's daughter's husband.
29. Brother.
30. Brother's son.
31. Sister's son.
32. Mother's brother
33. Father's brother.
34. Father's brother's son.
35. Father's sister's son.
36. Mother's sister's son.
37. Mother's brother's son.

Explanation.-For the purposes of this part, the expression "husband" includes a divorced husband

 

THE SECOND SCHEDULE
(See section 5)
NOTICE OF INTENDED MARRIAGE

To
Marriage Officer for the ___________________________District.

We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.

Name Condition Occupation Age Dwelling
place
Permanent place
dwelling if present
dwelling place not
permanent
Length of
residence
A.B. Unmarried
Widower
Divorcee
         
C.D. Unmarried
Widow
Divorcee
         


Witness our hands this ___________________day of___________20___

(Sd.) A.B.,

(Sd.) C.D.,

 

THE THIRD SCHEDULE
(See section 11)
DECLARATION TO BE MADE BY THE BRIDEGROOM

I, A.B., hereby declare as follows:-

1. I am at the present time unmarried (or a widower or a divorcee, as the case may be)

2. I have completed ___years of age.

3. I am not related to C.D. (the bride) within the degrees of prohibited relationship.

4. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Sd.) A.B. (the Bridegroom).

DECLARATION TO BE MADE BY THE BRIDE

I, C.D., hereby declare as follows:-

1. I am at the present time unmarried (or a widow or a divorcee, as the case may be).

2. I have completed ___years of age.

3. I am not related to A.B. (the Bridegroom) within the degrees of prohibited relationship.

4. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Sd.) C.D. (the Bride)

Signed in our presence by the above-named A.B. and C.D. So far as we are aware there is no lawful impediment to the marriage.

(Sd.) G.H.

(Sd.) I.J. Three witnesses.

(Sd.) K.L.

Countersigned E.F.,

Marriage Officer

Dated _____the ___day of 20__

 

THE FOURTH SCHEDULE
(See section 13)
CERTIFICATE OF MARRIAGE

I, E.F., hereby certify that on the______________ day of __________20____, A.B. and C.D* appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by section 11 and that a marriage under this Act was solemnized between them in my presence.

(Sd.) E.F.,

Marriage Officer for

(Sd.) A.B.,
Bridegroom

(Sd.) C.D., Bride.
(Sd.) G.H.
(Sd.) I.J. Three witnesses
(Sd.) K.L.

Dated ____the ____day of 20 _

---------------

* Herein give particulars of the parties.

 



THE FIFTH SCHEDULE
(See section 16)
CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS

I, E.F., hereby certify that A.B. and CD.* appeared before me this _______day of_______ 20 and that each of them, in my presence and in the presence of three witnesses who have signed hereunder have declared that a ceremony of marriage has been performed between them and that they have been living together as husband and wife since the time of their marriage, and that in accordance with their desire to have their marriage registered under this Act, the said marriage has, this day of 20_______ been registered under this Act, having effect as from.

(Sd.) E.F.,

Marriage Officer for

(Sd.) A.B.,
Bridegroom

(Sd.) C.D., Bride.
(Sd.) G.H.
(Sd.) I.J. Three witnesses
(Sd.) K.L.

Dated ____the ____day of 20 _

-------------------

* Herein give particulars of the parties.

 

Related conditions: Section 4 requires neither party to have a living spouse, sets minimum ages of 21 years for the male and 18 years for the female, and contains conditions concerning capacity to consent and prohibited relationships. Section 15 sets separate conditions for registering marriages already celebrated in other forms. Consult the Act and applicable state rules for procedure and fees.

Official legal text: Special Marriage Act, 1954 - India Code (PDF) and India Code Act record.