25 Jan 2021
Special Marriage, 1954 – Court Marriage Ghaziabad
(Act No.43 of 1954)[9th October 1954]
An Act to give an extraordinary type of marriage in specific cases, for the enrollment of such and certain different relationships and for separate. Be it ordered by Parliament in the Fifth Year of the Republic of India as follows:
(1) Short title, degree and initiation (1) This Act might be known as the Special Marriage Act, 1954.
(2) It reaches out to the entire of India aside from the State of Jammu and Kashmir, and applies likewise to residents of India domiciled in the regions to which the Act broadens who are in the State of Jammu and Kashmir.
(3) It will come into power on such date, i.e.1st January, 1955 as the Central Government may, by notice in the Official Gazette, choose.
- Definitions-In this Act, except if the setting in any case, requires,-
(a) (*) Omitted
(b) “levels of disallowed relationship” – a man and any of the people referenced in Part I of the First Schedule and a lady and any of the people referenced in Part II of the said Schedules are inside the levels of restricted relationship.
Clarification I.- Relationship incorporates,-
a) relationship considerably or uterine blood just as by full blood:
b) ill-conceived blood relationship just as genuine;
c) relationship by appropriation just as by blood;
and all terms of relationship in this Act will be understood in like manner.
Clarification II.- “Full blood” and “half blood”- two people are supposed to be identified with one another by full blood when they are slipped from a typical predecessor by a similar spouse and significantly blood when they are plummeted from a typical progenitor yet by various wives.
Clarification III.- “Uterine blood”- two people are supposed to be identified with one another by uterine blood when they are plunged from a typical ancestress however by various spouses. Clarification IV.- In Explns. II and III. “progenitor” incorporates the dad and “ancestress” the mother;
(d) “region”, comparable to a Marriage Officer, implies the territory for which he is designated as such under sub-segment (1) or sub-area (2) of Sec.3;
(e) “Region Court” signifies, in any region for which there is a City Civil Court, and in some other zone, the main Civil Court of unique locale, and incorporates whatever other Civil Court which might be indicated by the State Government by warning in the Official Gazette as having purview in regard of the issues managed in this Act:
(f) “recommended” signifies endorsed by rules made under this Act;
(g) “State Government”, corresponding to a Union region, implies the Administrator thereof. Solemnization of Special Marriages
- Conditions identifying with solemnization of extraordinary marriage.-
Despite anything contained in some other law for the time being in power identifying with the solemnization of relationships, a marriage between any two people might be solemnized under this Act, if at the hour of the marriage the accompanying conditions are satisfied in particular:
(a) Neither gathering has a mate living:
(b) neither gathering
(I) is unequipped for giving a legitimate agree to it in result of weakness of brain, or
(ii) however fit for giving a legitimate assent, has been experiencing mental turmoil of a particularly kind or so much as to be unsuitable for marriage and the reproduction of youngsters; or
(iii) has been dependent upon intermittent assaults of craziness or epilepsy;
(c) the male has finished the age of 21 years and the female the age of eighteen years;
(d) the gatherings are not inside the levels of disallowed relationship:
Given that where a custom administering at any rate one of the gatherings grants of a marriage between them, such marriage might be solemnized, despite that they are inside the levels of restricted relationship: and (e) where the marriage is solemnized in the State of Jammu and Kashmir, the two players are residents of India domiciled in the regions to which this Act expands. Clarification In this part, “customs, according to an individual having a place with any clan, local area, gathering or family, implies any standard which the State Government may, by warning in the Official Gazette, determine for this benefit as relevant to individuals from that clan, local area, gathering or family: Provided that no such notice will be given corresponding to the individuals from any clans, local area, gathering or family, except if the State Government is fulfilled
(I) that such standard has been constantly and consistently noticed for quite a while among those individuals;
(ii) that such standard is sure and not irrational or restricted to public approach; and
(iii) that such standard is appropriate just to a family, has not been suspended by the family.
- Notification of expected marriage.-
At the point when a marriage is proposed to be solemnized under this Act, the gatherings of the marriage will pull out thereof recorded as a hard copy in the Form indicated in the Second Schedule to the Marriage Officer of the locale in which in any event one of the gatherings to the marriage has dwelled for a time of at the very least thirty days promptly going before the date on which such notification is given.
- Marriage Notice Book and distribution.-
(1) The Marriage Officer will keep all notification given under Sec. 5 with the records of his office and will likewise forthwith enter a genuine duplicate of each such notification in a book endorsed for that reason, to be known as the Marriage Notice Book, and such book will be open for review at all sensible occasions, without charge, by any individual burning of examining the equivalent.
(2) The Marriage Officer will make each such notification be distributed by attaching a duplicate thereof to some obvious spot in his office.
(3) Where both of the gatherings to an expected marriage isn’t for all time living inside the nearby furthest reaches of the area of the Marriage Officer to whom the notification has been given under Sec. 5, the Marriage Officer will likewise make a duplicate of such notification be sent to the Marriage Officer of the locale inside whose cutoff points such gathering is forever dwelling, and that Marriage Officer will immediately cause a duplicate thereof to be attached to some obvious spot in his office.
- Issue with marriage.-
(1) Any individual may, before the lapse of thirty days from the date on which any such notification has been distributed under sub-area (2) of Sec. 6, object to the marriage on the ground that it would negate at least one of the conditions determined in Sec.4.
(2) After the lapse of thirty days from the date on which notice of an expected marriage has been distributed under sub-area (2) of Sec. 6, the marriage might be solemnized, except if it has been recently had a problem with under sub-segment (1).
(3) The idea of the complaint will be recorded as a hard copy by the Marriage Officer in the Marriage Notice Book, be perused and clarified if essential, to the individual making the protest and will be endorsed by him or for his benefit.
- Technique on receipt of protest.-
(a) If a protest is made under Sec. 7 to a proposed marriage the Marriage Officer will not solemnize the marriage until he has asked into the matter of the protest and is fulfilled that it should not to forestall the solemnization of the marriage or the complaint is pull out by the individual making it; yet the Marriage Officer will not require over thirty days from the date of the protest to ask into the matter of the complaint and showing up at a choice.
(b) If the Marriage Officer maintains the complaint and won’t solemnize the marriage, either gathering to the proposed marriage may, inside a time of thirty days from the date of such refusal, favor an appeal to the District Court inside the nearby furthest reaches of whose locale the Marriage Officer has his office, and the choice of the District Court on such allure will be conclusive, and the Marriage Officer will act in similarity with the choice of the Court.
- Forces of Marriage Officers in regard of requests.- (1)For the reason for any request under Sec.8, the Marriage Officer will have all the forces vested in a Civil Court under the Code of Civil Procedure, 1908(5 of 1908), while attempting a suit in regard of the accompanying issues, to be specific:
(a) gathering and implementing the participation of witnesses and inspecting them on promise;
(b) revelation and assessment;
(c) convincing the creation of records;
(d) gathering of proof on oaths; and
(e) giving commissions for the assessment of witnesses;and any procedure before the Marriage Officer will be considered to be a legal continuing inside the significance of Sec.193 of the Indian Penal Code(45 of 1960).
(2) If it appears to the Marriage Officer that the complaint made to a planned marriage isn’t sensible and has not been made in accordance with some basic honesty he may force on the individual protesting costs, via pay not surpassing 1,000 rupees, and grant the entire, or any part thereof to the gatherings to the expected marriage, and any request for costs so made might be executed in a similar way as a pronouncement passed by the District Court inside the nearby furthest reaches of whose locale the Marriage Officer has his office.
- Methodology on receipt of complaint by Marriage Officer abroad.-
Where a complaint is made under Sec.7 to a Marriage Officer in the State of Jammu and Kashmir in regard of a planned marriage in the State and the Marriage Officer, in the wake of making such investigation into the issue as he might suspect fit, engages an uncertainty in regard thereof, he will not solemnize the marriage however will communicate the record with such proclamation regarding the issue as he might suspect fit to the Central Government, and the Central Government, subsequent to making such investigation into the issue and in the wake of getting such exhortation as it might suspect fit, will give its choice consequently recorded as a hard copy to the Marriage Officer will act in congruity with the choice of the Central Government.