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5. Notice of intended marriage.
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6. Marriage Notice Book and publication.
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7. Objection to marriage.
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8. Procedure on receipt of objection.
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9. Powers of Marriage Officers in respect of inquiries.
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10. Procedure on receipt of objection by Marriage Officer abroad.
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11. Declaration by parties and witnesses.
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12. Place and form of solemnization.
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13. Certificate of marriage.
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14. New notice when marriage not solemnized within three months.
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CHAPTER III
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REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS
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15. Registration of marriages celebrated in other forms.
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16. Procedure for registration.
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17. Appeals from orders under section 16.
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18. Effect of registration of marriage under this Chapter.
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CHAPTER IV
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CONSEQUENCES OF MARRIAGE UNDER THIS ACT
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19. Effect of marriage on member of undivided family.
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20. Rights and disabilities not affected by Act.
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21. Succession to property of parties married under Act.
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21A. Special provision in certain cases.
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2
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CHAPTER V
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RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
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SECTIONS
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22. Restitution of conjugal rights.
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23. Judicial separation.
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CHAPTER VI
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NULLITY OF MARRIAGE AND DIVORCE
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24. Void marriages.
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25. Voidable marriages.
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26. Legitimacy of children of void and voidable marriages.
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27. Divorce.
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27A. Alternative relief in divorce proceedings.
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28. Divorce by mutual consent.
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29. Restriction on petitions for divorce during first one year after marriage.
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30. Remarriage of divorced persons.
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CHAPTER VII
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JURISDICTION AND PROCEDURE
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31. Court to which petition should be made.
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32. Contents and verification of petitions.
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33. Proceedings to be in camera and may not be printed or published.
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34. Duty of court in passing decrees.
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35. Relief for respondent in divorce and other proceedings.
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36. Alimony pendente lite.
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37. Permanent alimony and maintenance.
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38. Custody of children.
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39. Appeals from decrees and orders.
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39A. Enforcement of decrees and orders.
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40. Application of Act 5 of 1908.
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40A. Power to transfer petitions in certain cases.
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40B. Special provisions relating to trial and disposal of petitions under the Act.
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40C. Documentary evidence.
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41. Power of High Court to make rules regulating procedure.
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CHAPTER VIII
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MISCELLANEOUS
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42. Saving.
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43. Penalty on married person marrying again under this Act.
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44. Punishment of bigamy.
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3
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SECTIONS
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45. Penalty for signing false declaration or certificate.
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46. Penalty for wrongful action of Marriage Officer.
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47. Marriage Certificate Book to be open to inspection.
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48. Transmission of copies of entries in marriage records.
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49. Correction of errors.
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50. Power to make rules.
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51. Repeals and savings.
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THE FIRST SCHEDULE.
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THE SECOND SCHEDULE.
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THE THIRD SCHEDULE.
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THE FOURTH SCHEDULE.
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THE FIFTH SCHEDULE.
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4
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THE SPECIAL MARRIAGE ACT, 1954
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ACT NO. 43 OF 19541
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[9th October, 1954.]
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An Act to provide a special form of marriage in certain cases, for the registration of such and
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certain other marriages and for divorce.
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BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:―
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CHAPTER I
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PRELIMINARY
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1. Short title, extent and commencement.―(1) This Act may be called the Special Marriage
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Act, 1954.
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(2) It extends to the whole of India 2
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***, and applies also to citizens of India domiciled in the
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territories to which this Act extends who are 3
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[in the State of Jammu and Kashmir].
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(3) It shall come into force on such date4
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as the Central Government may, by notification in the
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Official Gazette, appoint.
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2. Definitions.―In this Act, unless the context otherwise requires,―
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5
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* * * * *
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(b) “degrees of prohibited relationship”-a man and any of the persons mentioned in Part I of the
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First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are
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within the degrees of prohibited relationship.
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Explanation I.―Relationship includes,―
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(a) relationship by half or uterine blood as well as by full blood;
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