What is the Special Marriage Act of 1954?

The Special Marriage Act, 1954 is an Act of the Parliament of India enacted to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. It originated from a piece of legislation proposed during the late 19th century. 

The Special Marriage Act, 1954 replaced the old Act III of 1872. The new enactment has three major objectives:

1- To provide a special form of marriage in certain cases. 
2- To provide for the registration of certain marriages. 
3- To provide for divorce.

What is Act III of 1872?

Henry Sumner Maine first introduced the Act III, 1872, permitting dissenters to marry whomever they chose under new civil marriage law. The law sought to legitimize those marriages where people renounce their profession of faith (I do not profess the Hindu, Christian, Islam, Jewish, etc. religion) completely. 

However, the Bill was unanimously opposed by the Local Governments and Administrators as they believed that it encourages marriages based on lust leading to immorality. 

What is the applicability of Special Marriage Act, 1954?

Special Marriage Act of 1954 is applicable to:

1- The Act is applicable to any person, irrespective of religion.

2- It is applicable to the entire territory of India, except the State of Jammu and Kashmir and extends to intending spouses who are both Indian nationals living abroad.

3- It is also applicable to all the Indian nationals living abroad. 

What are the requirements of the marriages performed under this Act?

1- The marriages performed under this Act are a civil contract and there's no need for any rites or ceremonies. 

2- Both the parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties has resided for a period of not less than thirty days, immediately preceding the date on which such notice is given. 

3- After thirty day of such notice, the marriage may be solemnised at the specified Marriage Office, provided that it has not been objected to by any person. 

4- Marriage is not binding on either of the parties unless both the parties declare each other as husband and wife in the presence of the Marriage Officer and three witnesses.

What are the conditions of the marriage under the Act?

1- The intended marriage must be monogamous for both the parties. 

2- The bride must be at least 18 years old while the groom must be at least 21 years old. 

3- Both the parties should be competent in regard to their mental capacity and must be able to give consent for the marriage. 

4- The parties must not fall within the degree of prohibited relationship. 

What are the prohibited relationships under the Act?

The prohibited relationships under the Special Marriage Act, 1954 are as follows:

Part I:

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

Part II:

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

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