THE SPECIAL MARRIAGE ACT, 1954
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ARRANGEMENT OF SECTIONS
______ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement.  

2. Definitions. 

3. Marriage Officers. 

CHAPTER II 

SOLEMNIZATION OF SPECIAL MARRIAGES 

 4. Conditions relating to solemnization of special marriages. 

 5. Notice of intended marriage. 

 6. Marriage Notice Book and publication. 

 7. Objection to marriage. 

 8. Procedure on receipt of objection. 

 9. Powers of Marriage Officers in respect of inquiries. 

10. Procedure on receipt of objection by Marriage Officer abroad. 

11. Declaration by parties and witnesses. 

12. Place and form of solemnization. 

13. Certificate of marriage. 

14. New notice when marriage not solemnized within three months. 

CHAPTER III 

REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS 

15. Registration of marriages celebrated in other forms. 

16. Procedure for registration. 

17. Appeals from orders under section 16. 

18. Effect of registration of marriage under this Chapter. 

CHAPTER IV 

CONSEQUENCES OF MARRIAGE UNDER THIS ACT 

19. Effect of marriage on member of undivided family. 

20. Rights and disabilities not affected by Act. 

21. Succession to property of parties married under Act. 

21A. Special provision in certain cases.
 
 
 
CHAPTER V 

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION 

SECTIONS 

22. Restitution of conjugal rights. 

23. Judicial separation. 

CHAPTER VI 

NULLITY OF MARRIAGE AND DIVORCE 

24. Void marriages. 

25. Voidable marriages. 

26. Legitimacy of children of void and voidable marriages. 

27. Divorce. 

27A. Alternative relief in divorce proceedings. 

28. Divorce by mutual consent. 

29. Restriction on petitions for divorce during first one year after marriage. 

30. Remarriage of divorced persons. 


##CHAPTER VII 

##JURISDICTION AND PROCEDURE

31. Court to which petition should be made. 

32. Contents and verification of petitions. 

33. Proceedings to be in camera and may not be printed or published. 

34. Duty of court in passing decrees. 

35. Relief for respondent in divorce and other proceedings. 

36. Alimony pendente lite. 

37. Permanent alimony and maintenance. 

38. Custody of children. 

39. Appeals from decrees and orders. 

39A. Enforcement of decrees and orders. 

40. Application of Act 5 of 1908. 

40A. Power to transfer petitions in certain cases. 

40B. Special provisions relating to trial and disposal of petitions under the Act. 

 40C. Documentary evidence. 

41. Power of High Court to make rules regulating procedure. 

CHAPTER VIII 

MISCELLANEOUS 

42. Saving. 

43. Penalty on married person marrying again under this Act. 

44. Punishment of bigamy. 

2 

 
SECTIONS 

45. Penalty for signing false declaration or certificate. 

46. Penalty for wrongful action of Marriage Officer. 

47. Marriage Certificate Book to be open to inspection. 

48. Transmission of copies of entries in marriage records. 

49. Correction of errors. 

50. Power to make rules. 

51. Repeals and savings. 

THE FIRST SCHEDULE. 

THE SECOND SCHEDULE. 

THE THIRD SCHEDULE. 

THE FOURTH SCHEDULE. 

THE FIFTH SCHEDULE.  

3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE SPECIAL MARRIAGE ACT, 1954 
ACT NO. 43 OF 19541 

[9th October, 1954.] 
An  Act  to  provide  a  special  form  of  marriage  in  certain  cases,  for  the  registration  of  such  and 

certain other marriages and for divorce. 
BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:― 

CHAPTER I 

PRELIMINARY 

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  2***,  and  applies  also  to  citizens  of  India  domiciled  in  the 

territories to which this Act extends who are 3[in the State of Jammu and Kashmir]. 

(3)  It  shall  come  into  force  on  such  date4  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint.  

2. Definitions.―In this Act, unless the context otherwise requires,― 

5* 
(b) “degrees of prohibited relationship”-a man and any of the persons mentioned in Part I of the 
First  Schedule  and  a  woman  and  any  of  the  persons  mentioned  in  Part  II  of  the  said  Schedule  are 
within the degrees of prohibited relationship. 

      * 

* 

* 

* 

Explanation I.―Relationship includes,― 

(a) relationship by half or uterine blood as well as by full blood; 

(b) illegitimate blood relationship as well as legitimate; 

(c) relationship by adoption as well as by blood; 

and all terms of relationship in this Act shall be construed accordingly. 

Explanation II.―“Full blood” and “half blood”―two persons are said to be related to each other by 
full blood when they are descended from a common ancestor by the same wife and by half blood when 
they are descended from a common ancestor but by different wives. 

Explanation III.―“Uterine blood”―two persons are said to be related to each other by uterine blood 

when they are descended from a common ancestress but by different husbands. 

Explanation  IV.―In  Explanations  II  and  III,  “ancestor”  includes  the  father  and  “ancestress”  the 

mother; 
6* 

 * 

* 

* 

  * 

(d) “district” in relation to a Marriage Officer, means the area for which he is appointed as such 

under sub-section (1) or sub-section (2) of section 3; 

7[(e) “district court” means, in any area for which there is a city civil court, that court, and in any 
other area, the principal civil court of original jurisdiction, and includes any other civil court which 

1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s.  2 and Schedule I and to Pondicherry by Reg. 7 of 

1963, Section 3 and Schedule I (w.e.f. 1-10-1963).     

2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-

2019). 

3. Subs. by Act 33 of 1969, s. 29, for “outside the said territories” (w.e.f. 31-8-1969). 
4.  1st  January,  1955,  vide  notification  No.  S.R.O.  3606,  dated  17th  December,  1954,  published  in  the  Gazette  of  India, 

Extraordinary, Part II, Section 3. 
The Act has been extended to State of Sikkim  vide notification No. S.O. 1629(E), dated 15th April 2021, see Gazette of India,  
Extraordinary, Part II, sec. 3 (ii). 
5. Omitted by Act 33 of 1969, s. 29. 
6. Omitted by s. 29, ibid.  
7. Subs. by Act 68 of 1976, s. 20, for clause (e) (w.e.f. 27-5-1976). 

4 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
may  be  specified  by  the  State  Government  by  notification  in  the  Official  Gazette  as  having 
jurisdiction in respect of the matters dealt with in this Act;] 

(f) “prescribed” means prescribed by rules made under this Act; 

1[(g) “State Government”, in relation to a Union territory, means the administrator thereof.] 

3. Marriage Officers.―(1) For the purposes of this Act, the State Government may, by, notification 

in the Official Gazette, appoint one or more Marriage Officers for the whole or any part of the State. 

2[(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories to 
which  this  Act  extends  who  are  in  the  State  of  Jammu  and  Kashmir,  the  Central  Government  may,  by 
notification in the Official Gazette, specify such officers of the Central Government as it may think fit to 
be the Marriage Officers for the State or any part thereof.] 

CHAPTER II 

SOLEMNIZATION OF SPECIAL MARRIAGES 

4.  Conditions  relating  to  solemnization  of  special  marriages.―Notwithstanding  anything 
contained  in  any  other  law  for  the  time  being  in  force  relating  to  the  solemnization  of  marriages,  a 
marriage between any two persons may be solemnized under this Act, if at the time of the marriage the 
following conditions are fulfilled, namely:― 

(a) neither party has a spouse living; 

3[(b) neither party― 

(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or 

(ii) though capable of giving a valid consent, has been suffering from mental disorder of such 

a kind or to such an extent as to be unfit for marriage and the procreation of children; or 

(iii) has been subject to recurrent attacks of insanity 4* * *;] 

(c) the male has completed the age of twenty-one years and the female the age of eighteen years; 

5[(d) the parties are not within the degrees of prohibited relationship: 

Provided that where a custom governing at least one of the parties permits of a marriage between 
them,  such  marriage  may  be  solemnized,  notwithstanding  that  they  are  within  the  degrees  of 
prohibited relationship; and] 

6[(e)  where  the  marriage  is  solemnized  in  the  State  of  Jammu  and  Kashmir,  both  parties  are 

citizens of India domiciled in the territories to which this Act extends]. 

7[Explanation.―In this section, “custom”, in relation to a person belonging to any tribe, community, 
group or family, means any rule which the State Government may, by notification in the Official Gazette, 
specify in this behalf as applicable to members of that tribe, community, group or family: 

Provided that no such notification shall be issued in relation to the members of any tribe, community, 

group or family, unless the State Government is satisfied— 

(i)  that  such  rule  has  been  continuously  and  uniformly  observed  for  a  long  time  among  those 

members; 

(ii) that such rule is certain and not unreasonable or opposed to public policy; and 

1. Subs. by the A.O. (No. 3) Order, 1956 for clause (g). 
2. Subs. by Act 33 of 1969, s. 29, for sub-section (2) (w.e.f. 31-8-1969).   
3. Subs. by Act 68 of 1976, s. 21, for clause (b) (w.e.f. 27-5-1976). 
4. The words “or epilepsy” omitted by Act 39 of 1999, s. 4 (w.e.f. 29-12-1999). 
5. Subs. by Act 32 of 1963, s. 2, for clause (d) (w.e.f. 22-9-1963).   
6. Subs. by Act 33 of 1969, s. 29, for clause (e) (w.e.f. 31-8-1969).  
7.  Ins. by Act 32 of 1963, s. 2 (w.e.f. 22-9-1963). 

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(iii) that such rule, if applicable only to a family, has not been discontinued by the family.]  

5.  Notice of intended marriage.―When a marriage is intended to be solemnized under this Act, the 
parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to 
the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a 
period of not less than thirty days immediately preceding the date on which such notice is given. 

 6. Marriage Notice Book and publication.―(1) The Marriage Officer shall keep all notices given 
under  section  5  with  the  records  of  his  office  and  shall  also  forthwith  enter  a  true  copy  of  every  such 
notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall 
be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same. 

(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to 

some conspicuous place in his office. 

(3) Where either of the parties to an intended marriage is not permanently residing within the local 
limits  of  the  district  of  the  Marriage  Officer  to  whom  the  notice  has  been  given  under  section  5,  the 
Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the 
district within whose limits such party is permanently residing, and that Marriage Officer shall thereupon 
cause a copy thereof to be affixed to some conspicuous place in his office. 

7. Objection to marriage.―(1) Any person may, before the expiration of thirty days from the date 
on which any such notice has been published under sub-section (2) of section 6, object to the marriage on 
the ground that it would contravene one or more of the conditions specified in section 4. 

(2) After the expiration of thirty days from the date on which notice of an intended marriage has been 
published  under  sub-section  (2)  of  section  6,  the  marriage  may  be  solemnized,  unless  it  has  been 
previously objected to under sub-section (1). 

(3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage 
Notice  Book,  be  read  over  and explained if  necessary,  to  the  person  making  the  objection  and  shall  be 
signed by him or on his behalf. 

 8. Procedure on receipt of objection.―(1) If an objection is made under section 7 to an intended 
marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of 
the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection 
is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from 
the  date  of  the  objection  for  the  purpose  of  inquiring  into  the  matter  of  the  objection  and  arriving  at  a 
decision. 

(2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party 
to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal 
to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and 
the  decision  of  the  district  court  on  such  appeal  shall  be  final,  and  the  Marriage  Officer  shall  act  in 
conformity with the decision of the court. 

9. Powers of Marriage Officers in respect of inquiries.―(1) For the purpose of any inquiry under 
section 8, the Marriage Officer shall have all the powers vested in a civil court under the Code of Civil 
Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely:― 

(a) summoning and enforcing the attendance of witnesses and examining them on oath; 

(b) discovery and inspection; 

(c) compelling the production of documents; 

(d) reception of evidence of affidavits; and 

(e) issuing commissions for the examination of witnesses; 

and any proceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the 
meaning of section 193 of the Indian Penal Code (45 of 1860). 

6 

 
Explanation.―For the purpose of enforcing the attendance of any person to give evidence, the local 

limits of the jurisdiction of the Marriage Officer shall be the local limits of his district. 

(2)  If  it  appears  to  the  Marriage  Officer  that  the  objection  made  to  an  intended  marriage  is  not 
reasonable and has not been made in good faith he may impose on the person objecting costs by way of 
compensation not exceeding one thousand rupees and award the whole or any part thereof, to the parties 
to  the  intended  marriage,  and  any  order  for  costs  so  made  may  be  executed  in  the  same  manner  as  a 
decree passed by the district court within the local limits of whose jurisdiction the Marriage Officer has 
his office. 

10. Procedure on receipt of objection by Marriage Officer abroad.―Where an objection is made 
under  section  7  to  a  Marriage  Officer  1[in  the  State  of  Jammu  and  Kashmir  in  respect  of  an  intended 
marriage in the State], and the Marriage Officer, after making such inquiry into the matter as he thinks fit, 
entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with 
such  statement  respecting  the  matter  as  he  thinks  fit  to  the  Central  Government,  and  the  Central 
Government,  after  making  such  inquiry  into  the  matter  and  after  obtaining  such  advice  as  it  thinks  fit, 
shall  give  its  decision  thereon  in  writing  to  the  Marriage  Officer  who  shall  act  in  conformity  with  the 
decision of the Central Government. 

11. Declaration by parties and witnesses.―Before the marriage is solemnized the parties and three 
witnesses  shall,  in the  presence  of  the  Marriage  Officer,  sign  a  declaration in  the  form  specified in the 
Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer. 

12.  Place  and  form  of  solemnization.―(1)  The  marriage  may  be  solemnized  at  the  office  of  the 
Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire, 
and upon such conditions and the payment of such additional fees as may be prescribed. 

(2) The marriage may be solemnized in any form which the parties may choose to adopt: 

Provided that it shall not be complete and binding on the parties unless each party says to the other in 
the  presence  of  the  Marriage  Officer  and  the  three  witnesses  and  in  any  language  understood  by  the 
parties,―“I, (A), take the (B), to be my lawful wife (or husband)”. 

13.  Certificate  of  marriage.―(1)  When  the  marriage  has  been  solemnized,  the  Marriage  Officer 
shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by  him 
for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the 
parties to the marriage and the three witnesses. 

(2)  On  a  certificate  being  entered  in  the  Marriage  Certificate  Book  by  the  Marriage  Officer,  the 
Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been 
solemnized and that all formalities respecting the signatures of witnesses have been complied with. 

14. New notice when marriage not solemnized within three months.―Whenever a marriage is not 
solemnized  within  three  calendar  months  from  the  date  on  which  notice  thereof  has  been  given  to  the 
Marriage  Officer  as  required  by  section  5,  or  where  an  appeal  has  been  filed  under  sub-section  (2)  of 
section 8, within three months from the date of the decision of the district court on such appeal or, where 
the record of a case has been transmitted to the Central Government under section 10, within three months 
from  the  date  of  decision  of  the  Central  Government,  the  notice  and  all  other  proceedings  arising 
therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a 
new notice has been given in the manner laid down in this Act. 

CHAPTER III 

REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS 

15.  Registration  of  marriages  celebrated  in  other  forms.―Any  marriage  celebrated,  whether 
before  or  after  the  commencement  of  this  Act,  other  than  a  marriage  solemnized  under  the  Special 

1. Subs. by Act 33 of 1969, s. 29, for “outside the territories to which this Act extends in respect of an intended marriage outside 

the said territories” (w.e.f. 31-8-1969). 

7 

 
                                                      
Marriage Act, 1872 (3  of 1872), or under this Act, may be registered under this Chapter by a Marriage 
Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:― 

(a) a ceremony of marriage has been performed between the parties and they have .been living 

together as husband and wife ever since; 

(b) neither party has at the time of registration more than one spouse living; 

(c) neither party is an idiot or a lunatic at the time of registration; 

(d) the parties have completed the age of twenty-one years at the time of registration; 

(e) the parties are not within the degrees of prohibited relationship: 

Provided  that  in  the  case  of  a  marriage  celebrated  before  the  commencement  of  this  Act,  this 
condition shall be subject to any law, custom or usage having the force of law governing each of them 
which permits of a marriage between the two; and 

(f) the parties have been residing within the district of the Marriage Officer for a period of not less 
than  thirty  days  immediately  preceding  the  date  on  which  the  application  is  made  to  him  for 
registration of the marriage. 

16.  Procedure  for  registration.―Upon  receipt  of  an  application  signed  by  both  the  parties  to  the 
marriage for the registration of their marriage under this Chapter the Marriage Officer shall give public 
notice  thereof  in  such  manner  as  may  be  prescribed  and  after  allowing  a  period  of  thirty  days  for 
objections  and  after  hearing  any  objection  received  within  that  period,  shall,  if  satisfied  that  all  the 
conditions  mentioned  in  section  15  are  fulfilled,  enter  a  certificate  of  the  marriage  in  the  Marriage 
Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the 
parties to the marriage and by three witnesses. 

17.  Appeals  from  orders  under  section  16.―Any  person  aggrieved  by  any  order  of  a  Marriage 
Officer  refusing  to  register  a  marriage  under  this  Chapter  may,  within  thirty  days  from  the  date  of  the 
order,  appeal  against  that  order  to  the  district  court  within  the  local  limits  of  whose  jurisdiction  the 
Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the 
Marriage Officer to whom the application was made shall act in conformity with such decision. 

18. Effect of registration of marriage under this Chapter.―Subject to the provisions contained in 
sub-section  (2)  of  section  24,  where  a  certificate  of  marriage  has  been  finally  entered  in  the  Marriage 
Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a 
marriage  solemnized  under  this  Act,  and  all  children  born  after  the  date  of  the  ceremony  of  marriage 
(whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be 
and always to have been the legitimate children of their parents: 

Provided  that  nothing  contained  in  this  section  shall  be  construed  as  conferring  upon  any  such 
children any rights in or to the property of any person other than their parents in any case where, but for 
the  passing  of  this  Act,  such  children  would  have  been  incapable  of  possessing  or  acquiring  any  such 
rights by reason of their not being the legitimate children of their parents. 

CHAPTER IV 

CONSEQUENCES OF MARRIAGE UNDER THIS ACT 

19. Effect of marriage on member of undivided family.―The marriage solemnized under this Act 
of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religions shall be 
deemed to effect his severance from such family. 

20. Rights and disabilities not affected by Act.―Subject to the provisions of section 19, any person 
whose marriage is solemnized under this Act shall have the same rights and shall be subject to the same 
disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities 
Removal Act, 1850 (21 of 1850), applies. 

21.  Succession  to  property  of  parties  married  under  Act.―Notwithstanding  any  restrictions 
contained in the Indian Succession Act, 1925 (39 of 1925), with respect to its application to members of 
 
certain communities, succession to the property or any person whose marriage is solemnized under this 
Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act 
and  for  the  purposes  of  this  Act  shall  have  effect  as  if  Chapter  III  of  Part  V  (Special  Rules  for  Parsi 
Intestates) had been omitted therefrom. 

1[21A. Special provision in certain cases.―Where the marriage is solemnized under this Act of any 
person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu, 
Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so much of section 20 as 
creates a disability shall also not apply.] 

CHAPTER V 

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION 

22. Restitution of conjugal rights.―When either the husband or the wife has, without reasonable 
excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district 
court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made 
in such petition, and that there is no legal ground why the application should not be granted, may decree 
restitution of conjugal rights accordingly. 

2[Explanation.―Where  a  question  arises  whether  there  has  been  reasonable  excuse  for  withdrawal 
from the society, the burden of providing reasonable excuse shall be on the person who has withdrawn 
from the society.] 

 23. Judicial separation.―(1) A petition for judicial separation may be presented to the district court 

either by the husband or the wife,― 

(a) on any of the grounds specified 3[in sub-section (1) 4[and sub-section (1A)] of section 27] on 

which a petition for divorce might have been presented; or 

(b) on the ground of failure to comply with a decree for restitution of conjugal rights; 

and the court, on being satisfied of the truth of the statements made in such petition, and that there is no 
legal ground why the application should not be granted, may decree judicial separation accordingly. 

(2)  Where  the  court  grants  a  decree  for  judicial  separation,  it  shall  be  no  longer  obligatory  for  the 
petitioner to cohabit with the respondent, but the court may, on the application by petition of either party 
and  on  being  satisfied  of  the  truth  of  the  statements  made  in  such  petition,  rescind  the  decree  if  it 
considers it just and reasonable to do so.  

CHAPTER VI 

NULLITY OF MARRIAGE AND DIVORCE 

24. Void marriages.―(1) Any marriage solemnized under this Act shall be null and void 5[and may, 
on  a  petition  presented  by  either  party  thereto  against  the  other  party,  be  so  declared]  by  a  decree  of 
nullity if― 

(i)  any  of  the  conditions  specified  in  clauses  (a),  (b),  (c)  and  (d)  of  section  4  has  not  been 

fulfilled; or 

(ii) the respondent was impotent at the time of the marriage and at the time of the institution of 

the suit. 

(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this 
Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be 
declared to be of no effect if the registration was in contravention of any of the conditions specified in 
clauses (a) to (e) of section 15: 

1. Ins. by Act 68 of 1976, s. 22 (w.e.f. 27-5-1976).  
2. Added by s. 23, ibid. 
3. Subs. by Act 29 of 1970, s. 2, for certain words (w.e.f. 12-8-1970). 
4. Ins. by Act 68 of 1976, s. 24 (w.e.f. 27-5-1976). 
5. Subs. by s. 25, ibid., for “and may be so declared” (w.e.f. 27-5-1976).  

9 

 
                                                      
Provided that no such declaration shall be made in any case where an appeal has been preferred under 

section 17 and the decision of the district court has become final. 

25.  Voidable  marriages.―Any  marriage  solemnized  under  this  Act  shall  be  voidable  and  may  be 

annulled by a decree of nullity if,― 

(i)  the  marriage  has  not  been  consummated  owing  to  the  wilful  refusal  of  the  respondent  to 

consummate the marriage; or 

(ii)  the  respondent  was  at  the  time  of  the  marriage  pregnant  by  some  person  other  than  the 

petitioner; or 

(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in 

the Indian Contract Act, 1872 (9 of 1872): 

Provided  that,  in  the  case  specified  in  clause  (ii),  the  court  shall  not  grant  a  decree  unless  it  is 

satisfied,― 

(a) that the petitioner was at the time of the marriage ignorant of the facts alleged; 

(b) that proceedings were instituted within a year from the date of the marriage; and 

(c)  that  marital  intercourse  with  the  consent  of  the  petitioner  has  not  taken  place  since  the 

discovery by the petitioner of the existence of the grounds for a decree: 

Provided further that in the case specified in clause (iii), the court shall not grant a decree if,― 

(a) proceedings have not been instituted within one year after the coercion had ceased or, as the 

case may be, the fraud had been discovered; or 

(b)  the  petitioner  has  with  his  or  her  free  consent  lived  with  the  other  party  to  the  marriage  as 
husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered. 

1[26. Legitimacy of children of void and voidable marriages.―(1) Notwithstanding that a marriage 
is  null  and  void  under  section  24,  any  child  of  such  marriage  who  would  have  been  legitimate  if  the 
marriage had been valid, shall be legitimate, whether such child is born before or after the commencement 
of  the  Marriage  Laws  (Amendment)  Act,  1976  (68  of  1976),  and  whether  or  not  a  decree  of  nullity  is 
granted  in  respect  of  that  marriage  under  this  Act  and  whether  or  not  the  marriage  is  held  to  be  void 
otherwise than on a petition under this Act. 

(2) Where a decree of nullity is granted in respect of a voidable marriage under section 25, any child 
begotten or conceived before the decree is made, who would have been the legitimate child of the parties 
to the marriage if at the date of the decree it has been dissolved instead of being annulled, shall be deemed 
to be their legitimate child notwithstanding the decree of nullity. 

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any 
child of a marriage which is null and void or which is annulled by a decree of nullity under section 25, 
any  rights  in  or  to  the  property  of  any  person,  other  than  the  parents,  in  any  case  where,  but  for  the 
passing of this Act, such child would have been incapable of possessing or acquiring any such rights by 
reason of not his being the legitimate child of his parents.] 

 27. Divorce.―2[(1)] Subject to the provisions of this Act and to the rules made thereunder, a petition 
for divorce may be presented to the district court either by the husband or the wife on the ground that the 
respondent― 

3[(a)  has,  after  the  solemnization  of  the  marriage,  had  voluntary  sexual  intercourse  with  any 

person other than his or her spouse; or 

(b)  has  deserted  the  petitioner  for  a  continuous  period  of  not  less  than  two  years  immediately 

preceding the presentation of the petition; or] 

1. Subs. by Act 68 of 1976, s. 26, for section 26 (w.e.f. 27-5-1976). 
2. Section 27 renumbered as sub-section (1) thereof by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).  
3. Subs. by Act 68 of 1976, s. 27, for clauses (a) and (b).   

10 

 
                                                      
(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); 

1* 

* 

   * 

                     * 

* 

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

2[(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. 

Explanation.―In this clause,― 

(a)  the  expression  “mental  disorder”  means  mental  illness,  arrested  or  incomplete 
development  of  mind,  psychopathic  disorder  or  any  other  disorder  or  disability  of  mind  and 
includes schizophrenia; 

(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind 
(whether or not including sub-normality of intelligence) which results in abnormally aggressive 
or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or 
is susceptible to medical treatment; or 

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

3* 

* 

* 

* 

* 

(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; 4* * * 

5[Explanation.―In this sub-section, the expression  “desertion” means desertion of the petitioner by 
the other party to the marriage without reasonable  cause and without the consent or against the wish of 
such  party,  and  includes  the  wilful  neglect  of  the  petitioner  by  the  other  party  to  the  marriage,  and  its 
grammatical variations and cognate expressions shall be construed accordingly;] 

6* 

7* 

* 

* 

* 

* 

* 

* 

* 

* 

8[(1A) A wife may also present a petition for divorce to the district court on the ground,― 

(i) that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 

bestiality; 

(ii)  that  in  a  suit  under  section  18  of  the  Hindu  Adoptions  and  Maintenance  Act,  1956  (78  of 
1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or 
under the corresponding section 488 of the Code of Criminal Procedure, 1898) (5 of 1898), a decree 
or order, as the case may be, has been passed against the husband awarding maintenance to the wife 
notwithstanding  that  she  was  living  apart  and  that  since  the  passing  of  such  decree  or  order, 
cohabitation between the parties has not been resumed for one year or upwards.] 

1. The Proviso omitted by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976). 
2. Subs. by s. 27, ibid., for clauses (e) and (f) (w.e.f. 27-5-1976).  
3. Clause (g) omitted by Act 6 of 2019, s. 4 (w.e.f. 1-3-2019). 
4. The word “or” omitted by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970). 
5. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).  
6. The words “and by the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape, 

sodomy or bestiality” omitted by s. 27, ibid. (w.e.f. 27-5-1976). 

7. Omitted by Act 29 of 1970), s. 3 (w.e.f. 12-8-1970).   
8. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).  

11 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
1[(2) Subject to the provisions of this Act and to the rules made thereunder, either party to a marriage, 
whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970 
(29 of 1970), may present a petition for divorce to the district court on the ground―(i) that there has been 
no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards 
after the passing of a decree for judicial separation in a proceeding to which they were parties; or 

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a 
period  of  one  year  or  upwards  after  the  passing  of  a  decree  for  restitution  of  conjugal  rights  in  a 
proceeding to which they were parties.] 

2[27A. Alternative relief in divorce proceedings.―In any proceeding under this Act, on a petition 
for dissolution of marriage by a decree of divorce, except insofar as the petition is founded on the ground 
mentioned  in  clause  (h)  of  sub-section  (1)  of  section  27,  the  court  may,  if  it  considers  it  just  so  to  do 
having regard to the circumstances of the case, pass instead a decree for judicial separation.]  

28.  Divorce  by  mutual  consent.―(1)  Subject  to  the  provisions  of  this  Act  and  to  the  rules  made 
thereunder, a petition for divorce may be presented to the district court by both the parties together on the 
ground that they have been living separately for a period of one year or more, that they have not been able 
to live together and that they have mutually agreed that the marriage should be dissolved. 

(2)  3[On  the  motion  of  both  the  parties  made  not  earlier  than  six  months  after  the  date  of  the 
presentation of the petition referred to in sub-section (1) and not later than eighteen months] after the said 
date,  if  the  petition  is  not  withdrawn  in  the  meantime,  the  district  court  shall,  on  being  satisfied,  after 
hearing  the  parties  and  after  making  such  inquiry  as  it  thinks  fit,  that  a  marriage  has  been  solemnized 
under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be 
dissolved with effect from the date of the decree.  

29. Restriction on petitions for divorce during first one year after marriage.―(1) No petition for 
divorce shall be presented to the district court  4[unless at the date of the presentation of the petition one 
year has passed] since the date of entering the certificate of marriage in the Marriage Certificate Book: 

Provided  that  the  district  court  may,  upon  application  being  made  to  it,  allow  a  petition  to  be 
presented 5[before  one  year  has  passed]  on  the  ground  that  the  case  is  one  of  exceptional  hardship 
suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the 
district court at the hearing of the petition that the petitioner obtained leave to present the petition by any 
misrepresentation  or  concealment  of  the  nature  of  the  case,  the  district  court  may,  if  it  pronounces  a 
decree, do so subject to the condition that the decree shall not have effect until after the  6[expiry of one 
year] from the date of the marriage or may dismiss the petition, without prejudice to any petition, which 
may be brought after the 7[expiration of the said one year] upon the same, or substantially the same, facts 
as those proved in support of the petition so dismissed. 

(2) In disposing of any application under this section for leave to present a petition for divorce before 
the 8[expiration  of  one  year]  from  the  date  of  the  marriage,  the  district  court  shall  have  regard  to  the 
interests of any children of the marriage, and to the question whether there is a reasonable probability of a 
reconciliation between the parties before the expiration of the 9[said one year]. 

30. Remarriage of divorced persons.―Where a marriage has been dissolved by a decree of divorce, 
and either there is no right of appeal against the decree or if there is such a right of appeal, the time for 

1. Ins. by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970). 
2. Ins. by Act 68 of 1976, s. 28 (w.e.f. 27-5-1976).  
3. Subs. by s. 29, ibid., for “On the motion of both the parties made not earlier than one year after the date of the presentation of 

the petition referred to in sub-section (1) and not later than two years” (w.e.f. 27-5-1976). 

4. Subs. by s. 30, ibid., for “unless at the date of the presentation of the petition three years have passed” (w.e.f. 27-5-1976). 
5. Subs. by s. 30, ibid., for “before three years have passed” (w.e.f. 27-5-1976).  
6. Subs. by s. 30, ibid., for “expiry of three years” (w.e.f. 27-5-1976).  
7. Subs. by s. 30, ibid., for “expiration of the said three years” (w.e.f. 27-5-1976).  
8. Subs. by s. 30, ibid.,for “expiration of the three years” (w.e.f. 27-5-1976).  
9. Subs. by s. 30, ibid., for “said three years” (w.e.f. 27-5-1976).  

12 

 
                                                      
appealing has expired without an appeal having been presented, or an appeal has been presented but has 
been dismissed 1* * * either party to the marriage may marry again. 

CHAPTER VII 

JURISDICTION AND PROCEDURE 

31. Court to which petition should be made.―2[(1) Every petition under Chapter V or Chapter VI 

shall be presented to the district court within the local limits of whose original civil jurisdiction-- 

(i) the marriage was solemnized; or 

(ii) the respondent, at the time of the presentation of the petition resides; or 

(iii) the parties to the marriage last resided together; or 
3[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the 

petition; or] 

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the 
respondent is at that time residing outside the territories to which this Act extends, or has not been 
heard of as being alive for a period of seven years by those who would naturally have heard of him if 
he were alive.] 

(2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district 
court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which 
this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been 
ordinarily  resident  therein  for  a  period  of  three  years  immediately  preceding  the  presentation  of  the 
petition and the husband is not resident in the said territories. 

32. Contents and verification of petitions.―(1) Every petition under Chapter V or Chapter VI shall 
state, as distinctly as the nature of the case permits the facts on which the claim to relief is founded, and 
shall also state that there is no collusion between, the petitioner and the other party to the marriage. 

(2) The statements contained in every such petition shall be verified by the petitioner or some other 
competent person in the manner required by law for the verification of plaints, and may, at the hearing, be 
referred to as evidence. 

 4[33. Proceedings to be in camera and may not be printed or published.―(1) Every proceeding 
under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish 
any  matter  in  relation  to  any  such  proceeding  except  a  judgment  of  the  High  Court  or  of  the  Supreme 
Court printed or published with the previous permission of the Court.  

(2)  If  any  person  prints  or  publishes  any  matter  in  contravention  of  the  provisions  contained  in                

sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.] 

34.  Duty  of  court  in  passing  decrees.―(1)  In  any  proceeding  under  Chapter  V  or  Chapter  VI, 

whether defended or not, if the court is satisfied that,― 

(a) any of the grounds for granting relief exists; and 
(b)  5[where  the  petition  is  founded  on  the  ground  specified  in  clause  (a)  of  sub-section  (1)  of 
section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act 
of sexual intercourse referred to therein], or, where the ground of the petition is cruelty,  

the petitioner has not in any manner condoned the cruelty; and 

(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained 

by force, fraud or undue influence; and 

1. The words “and one year has elapsed thereafter but not sooner” omitted by Act 68 of 1976, s. 31, (w.e.f. 27-5-1976).   
2.  Subs. by s. 32, ibid., for sub-section (1) (w.e.f. 27-5-1976). 
3.  Ins. by Act 50 of 2003, s. 2 (w.e.f. 23-12-2003). 
4. Subs. by Act 68 of 1976, s. 33, for section 33 (w.e.f. 27-5-1976).  
5. Subs. by s. 34, ibid. for “where the ground of the petition is adultery, the petitioner has not in any manner been accessory to or 

connived at or condoned the adultery” (w.e.f. 27-5-1976).   

13 

 
                                                      
(d) the petition is not presented or prosecuted in collusion with the respondent; and 

(e) there has not been any unnecessary or improper delay in instituting the proceedings; and 

(f) there is no other legal ground why the relief should not be granted;  

then, and in such a case, but not otherwise, the court shall decree such relief accordingly. 

(2) Before proceeding to grant any relief under this Act it shall be the duty of the court in the first 
instance, in every case where it is possible so to do consistently with the nature and circumstances of the 
case, to make every endeavour to bring about a reconciliation between the parties: 

1[Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is 
sought on any of the grounds specified in clause (c), clause (e), clause (f), clause (g) and clause (h) of sub-
section (1) of section 27.] 

2[(3) For the purpose of aiding the court in bringing about such reconciliation, the court may, if the 
parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable 
period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or 
to any person nominated by the court if the parties fail to name any person, with directions to report to the 
court  as  to  whether  reconciliation  can  be and has been,  effected  and  the  court  shall  in  disposing  of  the 
proceeding have due regard to the report. 

(4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree 

shall give a copy thereof free of cost to each of the parties.] 

 3[35. Relief for respondent in divorce and other proceedings.―In any proceeding for divorce or 
judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought 
on the ground of petitioner’s adultery, cruelty or desertion, but also make a counter-claim for any relief 
under  this  Act  on  that  ground,  and  if the  petitioner’s  adultery,  cruelty  or  desertion  is  proved,  the  court 
may give to the respondent any relief under this Act to which he or she would have been entitled if he or 
she had presented a petition seeking such relief on that ground.]  

36. Alimony pendente lite.―Where in any proceeding under Chapter V or Chapter VI it appears to 
the  district  court  that  the  wife  has  no  independent  income  sufficient  for  her  support  and  the  necessary 
expenses of  the  proceeding,  it  may,  on  the  application  of  the  wife,  order  the  husband  to  pay  to  her the 
expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to 
the husband’s income, it may seem to the court to be reasonable. 

 4[Provided that the application for the payment of the expenses of the proceeding and such weekly or 
monthly sum during the proceeding under Chapter V or Chapter VI, shall, as far as possible, be disposed 
of within sixty days from the date of service of notice on the husband.] 

37. Permanent alimony and maintenance.―(1) Any court exercising jurisdiction under Chapter V 
or  Chapter  VI  may,  at  the  time  of  passing  any  decree  or  at  any  time  subsequent  to  the  decree,  on 
application made to it for the purpose, order that the husband shall secure to the wife for her maintenance 
and  support,  if  necessary,  by  a  charge  on  the  husband’s  property  such  gross  sum  or  such  monthly  or 
periodical payment of money for a term not exceeding her life, as, having regard to her own property, if 
any, her husband’s property and ability 5[the conduct of the parties and other circumstances of the case], it 
may seem to the court to be just. 

(2) If the district court is satisfied that there is a change in the circumstances of either party at any 
time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify 
or rescind any such order in such manner as it may seem to the court to be just. 

1. Added by Act 68 of 1976, s. 34 (w.e.f. 27-5-1976). 
2. Ins. by s. 34, ibid. (w.e.f. 27-5-1976). 
3. Subs. by s. 35, ibid., for section 35 (w.e.f. 27-5-1976). 
4. Ins. by Act 49 of 2001, s. 6 (w.e.f. 24-9-2001).   
5.  Subs. by Act 68 of 1976, s. 36, for “and the conduct of the parties” (w.e.f. 27-5-1976). 

14 

 
                                                      
(3) If the district court is satisfied that the wife in whose favour an order has been made under this 
section has remarried or is not leading a chaste life, 1[it may, at the instance of the husband vary, modify 
or rescind any such order and in such manner as the court may deem just.] 

38. Custody of children.―In any proceeding under Chapter V or Chapter VI the district court may, 
from time to time, pass such interim orders and make such provisions in the decree as it may seem to it to 
be just and proper with respect to the custody, maintenance and education of minor children, consistently 
with  their  wishes  wherever  possible,  and  may,  after  the  decree,  upon  application  by  petition  for  the 
purpose, make, revoke, suspend or vary, from time to time, all such orders and provisions with respect to 
the  custody,  maintenance  and  education  of  such  children  as  might  have  been  made  by  such  decree  or 
interim orders in case the proceeding for obtaining such decree were still pending. 

2[Provided that the application with respect to the maintenance and education of the minor children, 
during  the  proceeding,  under  Chapter  V  or  Chapter  VI,  shall,  as  far  as  possible,  be  disposed  of  within 
sixty days from the date of service of notice on the respondent.] 

3[39. Appeals from decrees and orders.―(1) All decrees made by the court in any proceeding under 
Chapter V or Chapter VI shall, subject to the provisions of sub-section (3), be appealable as decrees of the 
court made in the exercise of its original civil jurisdiction, and such appeal shall lie to the court to which 
appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. 

(2) Orders made by the court in any proceeding under this Act, under section 37 or section 38 shall, 
subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such 
appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the 
exercise of its original jurisdiction. 

(3) There shall be no appeal under this section on the subject of costs only. 

(4) Every appeal under this section shall be preferred within a 4[period of ninety days] from the date 

of the decree or order.  

 39A.  Enforcement  of  decrees  and  orders.―All  decrees  and  orders  made  by  the  court  in  any 
proceeding under Chapter V or Chapter VI shall be enforced in the like manner as the decrees and orders 
of the court made in the exercise of its original civil jurisdiction for the time being are enforced.] 

 40. Application of Act 5 of 1908.―Subject to the other provisions contained in this Act, and to such 
rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far 
as may be, by the Code of Civil Procedure, 1908 (5 of 1908). 

5[40A. Power to transfer petitions in certain cases.―(1) Where― 

(a) a petition under this Act has been presented to the district court having jurisdiction, by a party 
to the marriage praying for a decree for judicial separation under section 23 or for a decree of divorce 
under section 27, and 

(b) another petition under this Act has been presented thereafter by the other party to the marriage 
praying for decree for judicial separation under section 23, or for decree of divorce under section 27 
on any ground whether in the same district court, or in a different district court, in the same State or in 
a different State, the petition shall be dealt with as specified in sub-section (2). 

(2) In a case where sub-section (1) applies,― 

(a) if the  petitions  are  presented  to  the  same  district court,  both the  petitions  shall  be tried and 

heard together by that district court; 

1. Subs. by Act 68 of 1976, s. 36, for “it shall rescind the order” (w.e.f. 27-5-1976).  
2. The proviso ins. by Act 49 of 2001, s. 7 (w.e.f. 24-9-2001).  
3. Subs. by Act 68 of 1976, s. 37, for section 39 (w.e.f. 27-5-1976).  
4. Subs. by Act 50 of 2003, s. 3, for “period of thirty days” (w.e.f. 23-12-2003). 
5. Ins. by Act 68 of 1976, s. 38 (w.e.f. 27-5-1976). 

15 

 
                                                      
(b) if the petitions are presented to different district courts, the petitions presented later shall be 
transferred to the district court in which the earlier petition was presented and both the petitions shall 
be heard and disposed of together by the district court in which the earlier petition was presented. 

(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may 
be,  competent  under  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  to  transfer  any  suit  or  proceeding 
from  the  district  court  in  which  the  later  petition  has  been  presented  to  the  district  court  in  which  the 
earlier  petition  is  pending,  shall  exercise  its  powers  to  transfer  such  later  petition  as  if  it  had  been 
empowered so to do under the said Code.  

40B. Special provisions relating to trial and disposal of petitions under the Act.―(1) The trial of 
a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of 
the trial, be continued from day to day, until its conclusions, unless the court finds the adjournment of the 
trial beyond the following day to be necessary for reasons to be recorded. 

(2)  Every  petition  under  this  Act shall be tried  as  expeditiously  as  possible  and  endeavour  shall  be 
made  to  conclude  the  trial  within  six  months  from  the  date  of  service  of  notice  of  the  petition  on  the 
respondent. 

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be 
made  to  conclude  the  hearing  within  three  months  from  the  date  of  service  of  notice  of  appeal  on  the 
respondent. 

40C.  Documentary  evidence.―Notwithstanding  anything  contained  in  any  enactment  to  the 
contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under 
this Act on the ground that it is not duly stamped or registered.] 

41.  Power  of  High  Court  to  make  rules  regulating  procedure.―(1)  The  High  Court  shall,  by 
notification in the Official Gazette, make such rules consistent with the provisions contained in this Act 
and  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  as  it  may  consider  expedient  for  the  purpose  of 
carrying into effect the provisions of Chapters V, VI and VII. 

(2) In particular, and without prejudice to the generality of the foregoing provision, such rules shall 

provide for,― 

(a) the impleading by the petitioner of the adulterer as a co-respondent on a petition for divorce 
on the ground of adultery, and the circumstances in which the petitioner may be execused from doing 
so; 

(b) the awarding of damages against any such co-respondent; 

(c) the intervention in any proceeding under Chapter V or Chapter VI by any person not already a 

party thereto; 

(d) the form and contents of petitions for nullity of marriage or for divorce and the payment of 

costs incurred by parties to such petitions; and 

(e) any other matter for which no provision or no sufficient provision is made in this Act, and for 

which provision is made in the Indian Divorce Act, 1869 (4 of 1869). 

CHAPTER VIII 

MISCELLANEOUS 

42. Saving.―Nothing contained in this Act shall affect the validity of any marriage not solemnized 
under its provisions; nor shall this Act be deemed directly or indirectly to affect the validity of any mode 
of contracting marriage. 

43.  Penalty  on  married  person  marrying  again  under  this  Act.―Save  as  otherwise  provided  in 
Chapter III, every person who, being at the time married, procures, a marriage of himself or herself to be 
solemnized  under this  Act shall  be  deemed  to  have  committed  an offence  under  section  494 or section 
495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be 
void. 

16 

 
44. Punishment of bigamy.―Every person whose marriage is solemnized under this Act and who, 
during  the  lifetime  of  his  or  her  wife  or  husband,  contracts  any  other  marriage  shall  be  subject  to  the 
penalties provided in section 494 and section 495 of the Indian Penal Code (45 of 1860), for the offence 
of marrying again during the lifetime of a husband or wife, and the marriage so contracted shall be void. 

45. Penalty for signing false declaration or certificate.―Every person making, signing or attesting 
any  declaration  or  certificate  required  by  or  under  this  Act  containing  a  statement  which  is  false  and 
which he either knows or believes to be false or does not believe to be true shall be guilty of the offence 
described in section 199 of the Indian Penal Code (45 of 1860). 

46. Penalty for wrongful action of Marriage Officer.―Any Marriage Officer who knowingly and 

wilfully solemnizes a marriage under this Act,― 

(1) without publishing a notice regarding such marriage as required by section 5, or 

(2) within thirty days of the publication of the notice of such marriage, or 

(3) in contravention of any other provision in this Act, 

shall  be  punishable  with  simple  imprisonment  for  a  term  which  may  extend  to  one  year,  or  with  fine 
which may extend to five hundred rupees, or with both. 

47. Marriage Certificate Book to be open to inspection.―(1) The Marriage Certificate Book kept 
under this Act shall at all reasonable times be open for inspection and shall be admissible as evidence of 
the statements therein contained. 

(2)  Certified  extracts  from  the  Marriage  Certificate  Book  shall,  on  application,  be  given  by  the 

Marriage Officer to the applicant on payment by him of the prescribed fee. 

 48.  Transmission  of  copies  of  entries  in  marriage  records.―Every  Marriage  Officer  in  a  State 
shall send to Registrar-General of Births, Deaths and Marriages of that State at such intervals and in such 
form as may be prescribed, a true copy of all entries made by him in the Marriage Certificate Book since 
the last of such intervals, and, in the case of Marriage Officers outside the territories to which this Act 
extends,  the  true  copy  shall  be  sent  to  such  authority  as  the  Central  Government  may  specify  in  this 
behalf. 

49.  Correction  of  errors.―(1)  Any  Marriage  Officer  who  discovers  any  error  in  the  form  or 
substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of 
such error, in the presence of the persons married or, in case of their death or absence, in the presence of 
two other credible witnesses, correct the error by entry in the margin without any alteration of the original 
entry  and  shall  sign  the  marginal  entry  and  add  thereto  the  date  of  such  correction  and  the  Marriage 
Officer shall make the like marginal entry in the certificate thereof. 

(2) Every correction made under this section shall be attested by the witnesses in whose presence it 

was made. 

(3)  Where  a  copy  of  any  entry  has  already  been  sent  under  section  48  to  the  Registrar-General  or 
other  authority  the  Marriage  Officer  shall  make  and  send  in  like  manner  a  separate  certificate  of  the 
original erroneous entry and of the marginal corrections therein made. 

 50. Power to make rules.―(1) The Central Government, in the case of 1* * * officers of the Central 
Government, and the State Government, in all other  cases, may, by notification in the Official Gazette, 
make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:― 

(a)  the  duties  and  powers  of  Marriage  Officers  and  the  areas  in  which  they  may  exercise 

jurisdiction; 

1. The words “diplomatic and consular officers and other” omitted by Act 33 of 1969, s. 29 (w.e.f. 31-8-1969).


(b) the manner in which a Marriage Officer may hold inquiries under this Act and the procedure 

therefor; 

(c) the form and manner in which any books required by or under this Act shall be maintained; 

(d) the fees that may be levied for the performance of any duty imposed upon a Marriage Officer 

under this Act; 

(e) the manner in which public notice shall be given under section 16; 

(f) the form in which, and the intervals within which, copies of entries in the Marriage Certificate 

Book shall be sent in pursuance of section 48; 

(g) any other matter which may be or requires to be prescribed. 

1[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after 
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

(4) Every rule made by the State Government under this Act shall be laid, as soon as it is made before 

the State Legislature.] 

**51.  Repeals  and  savings.**―(1)  The  Special  Marriage  Act,  1872  (3  of  1872),  and  any  law 
corresponding to the Special Marriage Act, 1872 (3 of 1872), in force in any Part B State immediately 
before the commencement of this Act are hereby repealed. 

(2) Notwithstanding such repeal,― 

(a) all marriages duly solemnized under the Special Marriage Act, 1872 (3 of 1872), or any such 

corresponding law shall be deemed to have been solemnized under this Act; 

(b) all suits and proceedings in causes and matters matrimonial which, when this Act comes into 
operation, are pending in any court, shall be dealt with and decided by such court, so far as may be, as 
if they had been originally instituted therein under this Act. 

(3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in section 
6 of the General Clauses Act, 1897 (10 of 1897), which shall also apply to the repeal of the corresponding 
law as if such corresponding law had been an enactment. 

1.  Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15.3.1984). 

 
 
 
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. 

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. Sen’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. 

20 

 
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. 

21 

 
 
 
 
 
 
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.  

C.D. 

Unmarried 
Widower 
Divorcee 

Unmarried 
Widow 
Divorcee 

Witness our hands this ....................................day of...........................................20...... 

(Sd.) A.B., 

(Sd.) C.D., 

22 

 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

23 

 
 
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. 

                                                   Marriage Officer for 

(Sd.) E.F., 

(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 
this  Act, 
20……..................... been registered under this Act, having effect as from. 

said  marriage  has, 

registered  under 

their  marriage 

the 

this  day  of           

                                                        Marriage Officer for 

(Sd.) E.F.,                                       

(Sd.) A.B.,                                       
                      Husband. 
(Sd.) C.D.                                        
                        Wife. 
(Sd.) G.H.                                        
(Sd.) IJ.               Three witnesses. 
(Sd.) K.L.                                         

Dated the                                           day of                                      20. 

_______________________ 

* Herein give particulars of the parties.