THE HINDU MARRIAGE ACT, 1955.txt

THE HINDU MARRIAGE ACT, 1955
(Act 25 of 1955)[18th May, 1955]
An Act to amend and codify the law relating to marriage among Hindus.
Preliminary
1. Short title and extent.-(1) This Act may be called the Hindu Marriage Act,
1955.
(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to
Hindus domiciled in the territories to which this Act extends who are outside the said territories.
2. Application of Act.- (1) This Act applies,-
(a) to any person who is a Hindu by religion in any of of its forms or developments, including a
Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim,
Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been
governed by the Hindu law or by any custom or usage as part of that law in respect of any of the
matters dealt with herein if this Act had not been passed.
Explanation.- The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case
may be,-
(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or
Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh
by religion and who is brought up as a member of tribe, community, group or family to which such
parents belongs or belonged; and
(c) any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.
(2) Notwithstanding anything contained in sub-section (1),nothing contained in this Act shall apply
to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the
Constitution unless the Central Government, by notification in the Official Gazette, otherwise
directs.
(3) The expression "Hindus" in any portion of this Act shall be construed as if it included a person
who, though not a Hindu by religion is, nevertheless, a person whom this Act applies by virtue of
the provisions contained in this section.
3. Definitions.- In this Act, unless the context otherwise requires,-
(a) the expression "custom" and "usage" signify any rule which, having been continuously and
uniformally observed for a long time, has obtained the force of law among Hindus in any local
area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy;
and
Provided further that in the case of a rule applicable only to a family it has not been discontinued
by the family;
(b)"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
may be specified by the State Government, by notification in the Official Gazette, as having
jurisdiction in respect of matters dealt with in this Act; 
(c)"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;
(d)"uterine blood" - two persons are said to be related to each other by uterine blood when they
are descended from a common ancestor but by different husbands.
Explanation.- In Clauses (c) and (d) "ancestor" includes the father and "ancestress" the mother;
(e)"prescribed" means prescribed by rules made under this Act;
(f)(i)"Sapinda relationship" with reference to any person extends as far as the third
generation(inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line
of ascent through the father, the line being traced upwards in each case from the person concerned,
who is to be counted as the first generation;
(ii) two persons are said to be "sapinda" of each other if one is a lineal ascendant of the other within
the limits of sapinda relationship, or if they have a common lineal ascendant who is within the
limits of sapinda relationship with reference to each of them;
(g)"degrees of prohibited relationship " - two persons are said to be within the "degrees of
prohibited relationship"-
(I) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(iii)if one was the wife of the brother or of the father's or mother's brother or of the grandfather's
or grandmother's brother or the other; or
(iv)if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and
sister or of two brothers or of two sisters.
Explanation.- for the purposes of clauses (f) and (g) relationship includes-
(I) relationship by half or uterine blood as well as by full blood;
(ii) illegitimate blood relationship as well as legitimate;
(iii) relationship by adoption as well as by blood; and all terms of relationship in those clauses
shall be construed accordingly.
4. Overriding effect of Act.- Save as otherwise expressly provided in this Act.-
(a) any text,rule or interpretation of Hindu Law or any custom or usage as part of that law in force
immediately before the commencement of this Act shall cease to have effect with respect to any
matter for which provision is made in this Act;
(b) any other law in force immediately before the commencement of this Act shall cease to have
effect in so far as it is inconsistent with any of the provisions contained in this Act.
Hindu Marriages
5. Condition for a Hindu Marriage.- A marriage may be solemnized between any two Hindus,
if the following conditions are fulfilled, namely:
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party,-
(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
(b) 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
(c) has been subject to recurrent attacks of insanity or epilepsy;
(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen
years at the time of the marriage; 
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage
governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them
permits of a marriage between the two;
(vi) (Omitted)
6. Guardianship in Marriage.- (Omitted by Marriage Laws (Amendment) Act, 1976.
7. Ceremonies for a Hindu marriage.-(1) A Hindu marriage may be solemnized in accordance
with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the
bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and
binding when the seventh step is taken.
8. Registration of Hindu Marriages.-(1) For the purpose of facilitating the proof of Hindu
marriages, the State Government may make rules providing that the parties to any such marriage
may have the particulars relating to their marriage entered in such manner and subject to such
condition as may be prescribed in a Hindu Marriage Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of
opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred
to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or
in such cases as may be specified and where any such direction has been issued, and person
contravening any rule made in this behalf shall be punishable with fine which may extend to
twenty-five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be,
after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be
admissible as evidence of the statements therein contained
and certified extracts therefrom shall, on application, be given by the Registrar on payment to him
of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in
no way be affected by the omission to make the entry.
Restitution of Conjugal rights and judicial separation
9. 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.
Explanation- Where a question arises whether there has been reasonable excuse for withdrawal
from the society, the burden of proving reasonable excuse shall be on the person who has
withdrawn from the society.
10. Judicial separation.- (1) Either party to a marriage, whether solemnized before or after the
commencement of this Act, may present a petition praying for a decree for judicial separation on
any of the grounds specified in sub-section (1) of Section 13, and in the case of a wife also on any
of the grounds might have been presented.
(2) Where a decree for judicial separation has been passed, it shall no longer be 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 statement made in such petition, rescind the decree
if it considers it just and reasonable to do so.
Nullity of Marriage and Divorce
11. Nullity of marriage and divorce- Void marriages.- Any marriage solemnized after the
commencement of this Act shall be null and void and may, ona petition presented by either party
thereto, against the other party be so declared by a decree of nullity if it contravenes any one of
the conditions specified in clauses
(i), (iv) and (v), Section 5.
12. Voidable Marriages.-(1) Any marriage solemnized, whether before or after the
commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any
of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the
petitioner was required under Section 5 as it stood immediately before the commencement of the
Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by
force or by fraud as to the nature of the ceremony or as to any material fact or circumstance
concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the
petitioner.
2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage (a)
on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i) the petition is
presented more than one year after the force had ceased to operate or, as the case may be, the fraud
had been discovered ; or (ii) the petitioner has, with his or her full consent, lived with the other
party to the marriage as husband or wife after the force had ceased to operate or, as the case
may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is
satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the
commencement of this Act within one year of such commencement and in the case of marriages
solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the
discovery by the petitioner of the existence of the said ground.
13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act,
may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce
on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person
other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately
preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion ; or 
(iii) has been incurably of unsound mind, or has 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 include 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 other party and whether or not it requires or is
susceptible to medical treatment; or
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from veneral disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) 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 it, had that party been alive;
Explanation.- In this sub-section, the expression "desertion" means the 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 expression shall be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after the commencement of this
Act, may also present a petition for the dissolution of the marriage by a decree of divorce 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 tothe marriage for a period of one year or upward after the passing of a decree of
restitution of conjugal rights in a proceeding to which they were parties.
(2) A wife may also present a petition for the dissolution of her marriage by a
decree of divorce on the ground-
(i) in the case of any marriage solemnized before the commencement of this Act,
that the husband had married again before the commencement or that any other
wife of the husband married before such commencement was alive at the time of
the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of
the petition;
(ii) that the husband has, since the solemnization of the marriage, been guilty of
rape, sodomy or bestiality; or
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,
(78 of 1956), or in a proceeding under Section 125 of the Code of Criminal
Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code
of Criminal Procedure, (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;or
(iv) that her marriage (whether consummated or not) was solemnized before she 
attained the age of fifteen years and she has repudiated the marriage after
attaining that age but before attaining the age of eighteen years.
Explanation.- This clause applies whether the marriage was solemnized before or
after the commencement of the Marriage Law (Amendment) Act, 1976.
13-A. Alternate Relief in Divorce Proceedings.- If any proceeding under this
Act, on a petition for dissolution of marriage by a decree of divorce, except in so
far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and
(vii) of sub-section (1) of Section 13, 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.
13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a
petition for dissolution of marriage by a decree of divorce may be presented to the
District Court by both the parties to a marriage together, whether such marriage
was solemnized before or after the commencement of the Marriage Laws
(Amendment) Act, 1976, 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) On the motion of both the parties made 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 mean
time, the Court shall, on being satisfied, after hearing the parties and after making
such inquiry as it thinks fit, that a marriage has been solemnized and that the
averments in the petition are true, pass a decree of divorce declaring the marriage
to be dissolved with effect from the date of the decree.
14. No petition for divorce to be presented within one year of marriage.-
(1) Notwithstanding anything contained in this Act, it shall not be competent for
any Court to entertain any petition for dissolution of marriage by a decree of
divorce, unless at the date of the presentation of the petition one year has elapsed
since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such
rules as may be made by the High Court in that behalf, allow a petition to be
presented before one year has elapsed since the date of the marriage on the
ground that the case is one of exceptional hardship to the petitioner or of
exceptional depravity on the part of the respondent, but, if it appears to the court
at the hearing of the petition that petitioner obtained leave to present the petition
by any mis-representation or concealment of the nature of the case, the court may,
if it pronounces a decree, do so subject to the condition that the decree shall not
have effect until after the 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 expiration of the said one year upon the same or substantially the same facts
as those alleged 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 expiration of one year from the date of the marriage, the
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 said one year. 
15. Divorced persons. When may marry again.- When 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 appealing has expired
without an appeal having been presented, or an appeal has been presented but has
been dismissed, it shall be lawful for either party to the marriage to marry again.
16. Legitimacy of children of void and voidable marriages.-
(1) Notwithstanding that a marriage is null and void under Section 11, any child of
such marriage who would have been legitimate if the marriage had been valid,
shall be legitimate, whether such a child is born before or after the commencement
of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of
nullity is granted in respect of the 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 12, 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 had 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 12, 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 his not being the legitimate child of his parents.
17. Punishment of Bigamy.- Any marriage between two Hindus solemnized after
the commencement of this Act is void if at the date of such marriage either party
had a husband or wife living; and the provisions of Sections 494 and 495 of the
Indian Penal Code (45 of 1860) shall apply accordingly.
18. Punishment for contravention of certain other conditions for a Hindu
marriage.- Every person who procures a marriage of himself or herself or to be
solemnized under this Act in contravention of the conditions specified in clauses
(iii), (iv), and (v) of Section 5 shall be punishable-
(a) in the case of a contravention of the condition specified in clause (iii) of Section
5, with simple imprisonment which may extend to fifteen days, or with fine which
may extend to one thousand rupees, or with both;
(b) in the case of a contravention of the condition specified in clause (iv) or clause
(v) of Section 5, with simple imprisonment which may extend to one month, or
with fine which may extend to one thousand rupees, or with both;
(c) Clause (c) omitted by Act 2 of 1978.
Jurisdiction and Procedure
19. Court to which petition shall be presentedEvery petition under this Act shall be presented to the District Court within the local
limits of whose ordinary 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
(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 or more by those persons who would naturally have heard of him if he were
alive.
20. Contents and verification of Petitions.-(1) Every petition presented under
this Act shall state as distinctly as the nature of the case permits the facts on which
the claims to relief is founded and, except in a petition under Section 11, shall also
state that there is no collusion between the petitioner and the other party to the
marriage.
(2) The statements contained in every petition under this Act 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.
21. 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.
21-A. Power to transfer petitions in certain cases.-(1)Where-
(a) a petition under this Act has been presented to a District Court having
jurisdiction by a party to marriage praying for a decree for a judicial separation
under Section 10 or of a decree of divorce under Section 13; and
(b) another petition under this Act has been presented thereafter by the other
party to the marriage praying for a decree for judicial separation under Section 10
or for a decree of divorce under Section 13 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 petitions 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;
(b) if the petition are presented to different District Courts, the petition 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, 5
of 1908 to transfer any suit or proceeding from this 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.
21-B. Special provision 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 conclusion 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.
21.-C. Documentary evidence.- Notwithstanding anything 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.
22. Proceedings to be in camera and may not be printed or published.-(1)
Every proceedings 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.
23. Decree in proceedings.-(1) In any proceeding under this Act, whether
defended or not, if the Court is satisfied that-
(a) any of the grounds for granting relief exists and the petitioner except in cases
where the relief is sought by him on the grounds specified in sub-clause (a), subclause
(b) and sub-clause (c) of clause (ii) of Section 5 is not any way taking
advantage of his or her own wrong or disability for the purpose of such relief, and
(b) where the ground of the petition is the ground specified in clause (i) of subsection
(1) of Section 13, the petitioner has not in any manner been accessory to
or connived at or condoned the act or acts complained of, or where the ground or
the petition is cruelty the petitioner has not in any manner condoned the cruelty,
and
(bb) when a divorce is sought on the ground of mutual consent, such consent has
not been obtained by force, fraud or undue influence, and
(c) the petition not being a petition presented under section 11 is not presented or
prosecuted in collusion with the respondent, and
(d) there has not been any unnecessary or improper delay in instituting the
proceeding, and
(e) there is no other legal ground why 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:
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 (ii), clause (iii),
clause (iv), clause (v), clause (vi) or clause (vii), of sub-section (1) of Section 13.
(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.
23-A. Relief for respondent in divorce and other proceedings.- In any
proceedings 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.
24. Maintenance pendente lite and expenses of proceedings.-
Where in any proceeding under this Act it appears to the Court that either the wife
or the husband, as the case may be, has no independent income sufficient for her
or his support and the necessary expenses of the proceeding, it may, on the
application of the wife or the husband, order the respondent to pay the petitioner
the expenses of the proceeding such sum as, having regard to the petitioner's own
income and the income of the respondent, it may seem to the Court to be
reasonable.
25. Permanent alimony and maintenance.-(1) Any court exercising jurisdiction
under this Act may, at the time of passing any decree or at any time subsequent
thereto, on application made to it for the purposes by either the wife or the
husband, as the case may be, order that the respondent shall pay to the applicant
for her or his maintenance and support such gross sum or such monthly or
periodical sum for a term not exceeding the life of the applicant as, having regard
to the respondent's own income and other property of the applicant, the conduct of
the parties and other circumstances of the case, it may seem to the Court to be
just, and any such payment may be secured, if necessary, by a charge on the
immoveable property of the respondent.
(2) If the 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
the court may deem just.
(3) If the Court is satisfied that the party in whose favour an order has been made
under this Section has re-married or, if such party is the wife, that she has not
remained chaste or if such party is the husband, that he has had sexual intercourse
with any woman outside wedlock, it may at the instance of the other party vary,
modify or rescind any such order in such manner as the court may deem just.
26. Custody of children.- In any proceeding under this Act, the Court may, from
time to time, pass such interim orders and make such provisions in the decree as it
may deem 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 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 proceedings for obtaining such decree were still pending, and
the Court may also from time to time revoke, suspend or vary any such orders and
provisions previously made.
27. Disposal of property.-In any proceeding under this Act, the Court may make
such provisions in the decree as it deems just and proper with respect to any
property presented at or about the time of marriage, which may belong jointly to
both the husband and the wife.
28. Appeals from decrees and orders.-(1) All decrees made by Court in any
proceeding under this Act 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 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 civil
jurisdiction.
(2) Orders made by the Court in any proceedings under this Act, under Section 25
or Section 26 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 exercise of its original
civil jurisdiction.
(3) There shall be no appeal under this section on subject of costs only.
(4) Every appeal under this section shall be preferred within a period of thirty days
from the date of the decree or order.
28(A) Enforcement of decrees and orders.- All decrees and orders made by
the Court in any proceeding under this Act, 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 enforced.
29. Savings.-(1) A marriage solemnized between Hindus before the
commencement of this Act, which is otherwise valid, shall not be deemed to be
invalid or ever to have been invalid by reason only of the fact that the parties
thereto belonged to the same gotra or pravara or belonged to different religion,
castes or sub-divisions of the same caste.
(2) Nothing contained in this Act shall be deemed to affect any right recognised by
custom or conferred by any special enactment to obtain the dissolution of a Hindu
Marriage, whether solemnized before or after the commencement of this Act.
(3) Nothing contained in this Act shall affect any proceeding under any law for the
time being in force for declaring any marriage to be null and void or for annulling
or dissolving any marriage or for judicial, separation pending at the
commencement of this Act, and any such proceeding may be continued and
determined as if this Act had not been passed.
(4) Nothing contained in this Act shall be deemed to effect the provisions contained
in the Special Marriage Act, 1954 (43 of 1954), with respect to marriages between
Hindus solemnized under that Act, whether before or after the commencement of
this Act.
30. Repeals.- (Repealed by the Repealing and Amendment Act, 1960 (58 of
1960), Sec. 2 and the First Schedule.) 








































The Special Marriage Act-1954
(Act No.43 of 1954)[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 1
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 except the State of Jammu and Kashmir, and
applies also to citizens of India domiciled in the territories to which the Act
extends who are in the State of Jammu and Kashmir.
(3) It shall come into force on such date, i.e.1st January, 1955 as the Central
Government may, by notification in the Official Gazette, appoint.
2. Definitions- In this Act, unless the context otherwise, requires,-
(a) (* * * *) Omitted
(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 Schedules 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 Explns. II and III. "ancestor" includes the father and
"ancestress" the mother;
(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 Sec.3;
(e) "District Court" means, in any area for which there is a City Civil Court, and
in any other area, the principal Civil Court of original jurisdiction, and includes 
any other Civil Court which 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;
(g) "State Government", in relation to a Union territory, means the Administrator
thereof.
Chapter II
Solemnization of Special Marriages
4. Conditions relating to solemnization of special marriage.-
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: (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 or epilepsy; (c) the male has completed the age of twenty-one
years and the female the age of eighteen years; (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
(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.
Explanation- In this section, "customs, 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 tribes, 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 (iii) that such rule is applicable only to a family,
has not been discontinued by the family.
5. Notices of intended marriage.- When a marriage is intended to be solemnized
under this Act, the parties of 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 Sec. 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
Sec. 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 Sec. 6, object to the marriage on the ground that it would contravene one
or more of the conditions specified in Sec.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 Sec. 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.- If an objection is made under Sec. 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 withdraw 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 Sec.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
on 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 Sec.193 of the Indian Penal Code(45 of 1960).
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 of 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 Sec.7 to a Marriage Officer 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 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 payments
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 witnessess and in any language
understood by the parties,- "I (A) take thee (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 calender months from the date on which
notice thereof has been given to the Marriage Officer as required by Sec. 5 or
where an appeal has been filed under sub-section (2) of Sec.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 Sec.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 Marriage 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 Marriage Act, 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 year at the time of registration; (e) the parties are not within the
degrees of prohibited relationship: Provided that in 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 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 objection and after hearing any objection
received within that period, shall, if satisfied that all the conditions mentioned in
Sec. 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 Sec. 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 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 Sec.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 religion shall be deemed to effect his severance from such
family.
20. Rights and disabilities not affected by Act.- Subject to the provisions of Sec.
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 of 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 section that Act shall have effect as if Chapter
III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom. 21-
A. Special provision in certain cases .- Where the marriage is solemnized under
this Act of any person who professes the Hindu, Buddhist, Sikh or Jain religion
with a person who professes the Hindu, Buddhish, Sikh or Jain religion. Secs. 19
and 21 shall not apply and so much of Sec. 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. ExplanationWhere a question arises whether there has been reasonable excuse for withdrawal
from the society, the burden of proving 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 in sub-section (1) and sub-section (1-A) of Sec. 27 on which a petition
for divorce might have been presented;or (b) on the grounds 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 (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 Cls.(a),(b), (c) and (d) of Sec. 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 the Act within the meaning of Sec. 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 Cls.(a) to
(e) of Sec. 15: Provided that no such declaration shall be made in any case where
an appeal has been preferred under Sec.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 Cl.(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) the marital intercourse with
the consent of the petitioner has not taken place since the discovery by the
petitioner of existence of the grounds a decree : Provided further that in the case
specified in Cl.(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.
26. Legitimacy of children of void and voidable marriages.- (1) Notwithstanding
that a marriage is null and void under Sec. 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, 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 Sec.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
Sec. 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 requiring any such rights by reason of his not being
the legitimate child of his parents.
27. Divorce.-(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-
(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 proceeding the
presentation of the petition; or (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); or (d) has since the solemnization of the marriage treated the petitioner
with cruelty; or (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 (g)
has been suffering from leprosy, the disease not having been contracted from the
petitioner; or (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;
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. (1-A) A wife
may also present a petitioner 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 Sec. 18 of the Hindus Adoptions and
Maintenance Act, 1956 (78 of 1956), or in a proceeding under Sec. 125 of the
Code of Criminal Procedure, 1973 (2 of 1974), or under the corresponding Sec.
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. (2) Subject to the provisions of the 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, 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. 27-A. Alternate relief in divorce
proceedings- In any proceeding under this Act, on a petition for a dissolution of
marriage by a decree of divorce, except in so far as the petition is founded on the
ground mentioned in Cl. (h) of sub-section (1) of Sec. 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) 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 avertments 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 three years after marriage.-(1)
No petition for divorce shall be presented to the District Court 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 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 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 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 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 said one year.
30. Re-marriage 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 appealing has expired without an
appeal having been presented or an appeal has been presented but has been
dismissed, either party to the marriage may marry again.
CHAPTER VII
Jurisdiction and Procedure
31. Court to which petition should be made.- (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 (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 was 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.
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 if satisfied that,- (a) any of the
grounds for granting relief exists; and (b) where the petition is founded on the
ground specified in Cl.(a) of sub-section (1) of Sec. 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 (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 : Provided that nothing contained in this subsection shall apply to any proceeding wherein relief is sought on any of the
grounds specified in Cls.(c), (e), (f), (g) and (h) of sub-section (1) of Sec.27. (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. 
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 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.
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, 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. (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, 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.
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 subsection (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 Sec.37 or Sec.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 civil jurisdiction. (3) There shall be no appeal under this
section on the subject of the costs only. (4) Every appeal under this section shall
be preferred within a period of thirty days from the date of the decree or order.
39-A. 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.
40-A. 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 Sec.23 or
for a decree of divorce under Sec.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 Sec.23, or for decree of divorce under Sec.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 : (b) if the petitions are presented to different
District Courts the petition 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 Cl. (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.
40-B. Special provision 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 conclusion, 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.
40-C. 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 excused from doing so: (b) the awarding of damages against any such corespondent, (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).
42. Saving.-- Nothing contained in this Act shall affect the validity of any
marriage not solemnized under its provisions; not 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 Sec. 494 or Sec. 495 of the Indian Penal
Code 1860 (45 of 1860), as the case may be, and the marriage so solemnized shall
be void.
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 Secs.494 and 495 of
the Indian Penal Code, 1860 (45 of 1860) for the offence of marrying again during
the lifetime of a husband of 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
Sec.199 of the Indian Penal Code, 1860 (45 of 1860).
46. Penalty for wrongful action of Marriage Officer.-- Any Marriage Officer who
knowingly and willfully solemnizes a marriage under this Act,-- (1) without
publishing a notice regarding such marriage as required by Sec.5 ; or (2) within
thirty days of the publication of the notice such marriage; or (3) in contravention
of any other provision contained 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 Sec. 48 to the Registrar-General or other authority
the Marriage Officer shall make and send in the 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 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; (b) the manner in which a Marriage Officer may hold 
inquiries under this Act and the procedure therefore: (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
Sec. 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 Sec.48: (g) any other
matter which may be or requires to be prescribed. (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, 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 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 proceeding 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 Sec. 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. 
THE FIRST SCHEDULE
(See Sec.2 (b))
Degree of Prohibited Relationship 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-grandmother) 7.
Mother's father's mother 8. Mother's father's father's widow (step-greatgrandmother) 9. Father's mother 10. Father's father's widow (step-grandmother)
11. Father's mother's mother 12. Father's mother's father's widow (step-greatgrandmother) 13. Father's father's mother 14. Father's father's father's widow
(step-great-grandmother) 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-grandmother) 5. Father's father's father
6. Father's father's mother's husband (step-great-grandfather) 7. Father's mother's
father 8. Father's mother's mother's husband (step-great-grandfather) 9. Mother's
father 10. Mother's mother's husband (step-grandfather) 11. Mother's father's
father 12. Mother's father's mother's husband (step-great-grandfather) 13.
Mother's mother's father 14. Mother's mother's mother's husband(step-greatgrandfather) 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 Special Marriage Act, 1954, is
intended to be solemnized between us within three calendar months from the date
hereof.
A, B. Unmarried
Widower Divorcee
C.D. Unmarried Widow Divorcee
Witness our hands this …………………………………………..day of
………………….19.
(S.d.) A.B. (S.d.) 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 true.I
am liable to imprisonment and also to fine.
(S.d), A.B. (the Bridegroom)
DECLARATION TO BE MADE BY HE 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.
(S.d) 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.
(S.d) G.H.
(S.d) I.J Three witness
(S.d) 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.* { * Herein give particulars of the parties} before me and
that each of them, in my presence and in the presence of three witnesses who have
signed hereunder, made the declarations of required by section 11 and that a
marriage under this Act was the solemnized between them in my presence
(S.d) E.F., Marriage Officer for (S.d) A.B., Bridegroom (S.d) C.D., Bride
(S.d) G.H.,
(S.d) I.J.
Three witnesses
(S.d) K.L
Dated the day of 20 
THE FIFTH SCHEDULE
(See section 16)
CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS
I, E.F., hereby certify that A.B.and C.D.* appeared before me {*Here in give
particulars of the parties} this day 20 and that each of them, in my presence have
declared that a ceremony of marriage has been performed between them and that
they have been living together as husband and wife wince 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 19 been registered under this Act, having effect as from
(S.d) E.F. Marriage Officer for (S.d) A.B. Husband (S.d) C.D. Wife
(S.d) G.H. (S.d) I.J. Three witnesses. (S.d) K.L.
Dated the day of 20.