Cheat Sheet: Special Marriage Act, 1954

1. Preliminary Provisions

1.1 Short Title and Extent

• Extends to whole of India except J&K
• Applies to all citizens of India irrespective of religion
• Enacted on 9th October 1954

1.2 Definitions (Section 3)

1.3 Object and Purpose

• Provides special form of marriage for persons irrespective of religion
• Civil form of marriage (non-religious)
• Registration of marriages celebrated under any other law
• Secular alternative to personal law marriages

2. Conditions of Marriage

2.1 Conditions for Valid Marriage (Section 4)

2.2 Prohibited Degrees of Relationship (Section 4)

• Applies degrees specified in Schedule to the Act
• Custom or usage of either party may permit such marriage
• Similar to Hindu Marriage Act provisions

3. Marriage Procedure

3.1 Notice of Intended Marriage (Section 5)

3.2 Marriage Notice Book (Section 6)

• Marriage Officer maintains Marriage Notice Book
• Notice entered in prescribed manner
• Open for inspection during office hours without fee
• Extract may be obtained on payment of prescribed fee

3.3 Publication and Objection (Section 7)

• Marriage Officer publishes notice by affixing copy on conspicuous place in office
• Any person may object to intended marriage within 30 days from date of publication
• Objection must be in writing to Marriage Officer stating grounds

3.4 Inquiry into Objections (Section 8)

• Marriage Officer shall inquire into objection
• May take evidence
• Decision to be recorded with reasons
• If objection sustained, marriage shall not be solemnized

3.5 Appeal (Section 9)

• Appeal lies to District Court within 30 days
• Court decides appeal in summary manner
• Decision is final

3.6 Procedure on No Objection (Section 10)

• If no objection filed within 30 days, marriage may be solemnized
• If objection filed and not sustained, marriage may be solemnized

3.7 Declaration by Parties (Section 11)

• Parties must declare before Marriage Officer that conditions in Section 4 fulfilled
• Declaration made in presence of three witnesses
• No objection to marriage or objection withdrawn/overruled

3.8 Place of Solemnization (Section 12)

3.9 Form of Solemnization (Section 12)

• Each party declares in presence of Marriage Officer and witnesses
• Declaration: Taking the other party as lawful spouse
• Marriage Officer declares parties married
• Simple civil ceremony without religious rites

3.10 Certificate of Marriage (Section 13)

• Marriage Officer issues certificate in prescribed form
• Signed by parties, Marriage Officer and three witnesses
• Recorded in Marriage Certificate Book
• Conclusive evidence of marriage

4. Consequences of Marriage

4.1 Effect on Succession Rights (Section 19)

4.2 Succession and Inheritance (Section 21)

• Indian Succession Act, 1925 applies to parties and children
• Personal law of succession no longer applicable
• Testamentary and intestate succession governed by Indian Succession Act

5. Registration of Marriages

5.1 Registration of Other Marriages (Section 15)

• Parties to marriage solemnized under any other law may have it registered
• Joint application in prescribed form to Marriage Officer
• Marriage Officer issues certificate in prescribed form
• Registration does not validate invalid marriage

5.2 Procedure for Registration (Section 15)

5.3 Effect of Registration (Section 18)

• Does not convert marriage into Special Marriage Act marriage
• Personal law continues to apply
• Only creates registered proof of marriage
• Succession rights under personal law remain intact

6. Restitution of Conjugal Rights

6.1 Restitution Petition (Section 22)

7. Judicial Separation

7.1 Grounds for Judicial Separation (Section 23)

7.2 Effect of Decree (Section 24)

• Parties not bound to cohabit
• Marriage subsists
• Either party may file petition for nullifying decree on ground it has been obeyed

8. Void Marriages

8.1 Nullity of Marriage (Section 24)

8.2 Voidable Marriages (Section 25)

8.3 Bars to Relief (Section 25)

• Petitioner with knowledge lived as spouse
• Petitioner knew pregnancy at time of marriage and conducted himself as accepting child as legitimate

9. Divorce

9.1 Grounds for Divorce (Section 27)

9.2 Alternative Relief (Section 28)

• Respondent may oppose on ground of petitioner's adultery, cruelty or desertion
• Court may give decree of judicial separation instead of divorce if circumstances so require
• Court may refuse decree if petitioner condoned or connived at ground or wilfully caused desertion

9.3 When Decree Becomes Final (Section 28)

• Not earlier than 6 months from date of decree
• Court satisfied decree not obtained by collusion or connivance
• No appeal pending
• Parties may apply for decree to be made absolute

10. Jurisdiction

10.1 Jurisdiction of Courts (Section 19)

10.2 Application of Code of Civil Procedure

• Proceedings deemed civil proceedings
• CPC 1908 applies subject to provisions of this Act

11. Disposal of Property

11.1 Disposal on Decree for Nullity (Section 29)

• Court may make orders for disposal of property
• Court considers contribution of parties
• Interests of children considered
• Property settlement based on equity

12. Maintenance and Alimony

12.1 Maintenance Pendente Lite (Section 36)

12.2 Permanent Alimony (Section 37)

12.3 Bar to Alimony (Section 37)

• If petitioner guilty of adultery
• If decree passed on ground of petitioner's adultery, cruelty, desertion
• Court has discretion to grant notwithstanding adultery

13. Custody and Maintenance of Children

13.1 Custody of Children (Section 38)

13.2 Maintenance of Children (Section 38)

• Court may order either or both parents to pay maintenance
• Amount determined based on means of parents
• Child's needs and requirements considered
• May be periodical or lump sum payment

14. Legitimacy of Children

14.1 Legitimacy (Section 26)

14.2 Conditions for Legitimacy in Void Marriage

• Marriage was in good faith
• Parties believed it was valid
• Child born before decree of nullity

15. Special Provisions

15.1 Marriages in Foreign Countries (Section 17 & 18)

• Marriage Officer may be appointed in foreign countries
• Same procedure applicable with modifications
• Notice period may be shortened
• Certificate issued has same effect

15.2 Appointment of Officers (Section 3)

• State Government appoints Marriage Officers
• One or more officers for each district
• Powers and duties prescribed

15.3 Penalties

16. Important Case Law Points

16.1 Cruelty

• Mental cruelty includes conduct causing apprehension of danger
• Single act of cruelty may suffice if grave
• Conduct must make cohabitation impossible

16.2 Desertion

• Requires factum of separation and intention to desert
• Must be continuous for 2 years
• Desertion without reasonable excuse
• Withdrawal from society of other

16.3 Judicial Separation vs Divorce

• Judicial separation does not dissolve marriage
• Parties not free to remarry during judicial separation
• Divorce dissolves marriage completely
• Parties free to remarry after divorce decree becomes final

17. Key Distinctions

17.1 Special Marriage Act vs Hindu Marriage Act

17.2 Marriage vs Registration