Introduction
In 1872 The Special Marriage Act, 1872 was enacted but
later it was found inadequate for certain desired reforms,
and Parliament enacted a new Legislation. “The
Special Marriage Act, 1954 to replace the old Act. The
new enactment has 3 major objectives (1) To provide
a special form of marriage in certain cases (2) to provide
for registration of certain marriages and (3) to provide
for divorce. This new Act is by and large an adoption
of the British Act, ‘The English Matrimonial Clauses
Act, 1950’.
STATEMENT OF OBJECTS AND REASONS
This Bill revises and seeks to replace the Special Marriage
Act of 1872 so as to provide a special form of marriage
which can be taken advantage of by any person in India
and by all Indian nationals in foreign countries irrespective
of the faith which either party to the marriage may
profess. The parties may observe any ceremonies for
the solemnization of their marriage but certain formalities
are prescribed before the marriage can be registered
by the Marriage Officers. For the benefit of Indian
citizens abroad, the Bill provides for the appointment
of Diplomatic and Consular Officers as Marriage Officers
for solemnizing and registering marriage between citizens
of India in a foreign country.
(2) Provision is also sought to be made for permitting
persons who are already married under other forms of
marriage to register their marriages under this Act
and thereby avail themselves of these provisions.
(3) The Bill is drafted generally on the lines of the
existing Special Marriage Act of 1872 and the notes
on clauses attached hereto explain some of the changes
made in the Bill in greater detail.
ACT No. 43 OF 1954
On receipt of the assent of the President, the Bill
became an Act of Parliament as the short title and the
numbers THE SPECIAL MARRIAGE ACT, 1954 (43 of 1954).
Parliament left the commencement of the Act to the discretion
of the Central Government.
DATE OF ENFORCEMENT
This Act came in force on 1st January, 1955, vide Notification
No. S.R.O. 3606, dated the 17th December, 1954 Gazette
of India, Extraordinary, 1954 Part II, Section 3, page
2463.
LIST OF AMENDING ACTS AND ADAPTATION ORDER
1. The Adaptation of Laws (No. 3) Order, 1956.
2. The Special Marriage (Amendment) Act, 1963 (32 of
1963).
3. The Foreign Marriage Act, 1969 (33 of 1969).
4. The Special Marriage (Amendment) Act, 1970 (29 of
1970)
5. The Marriage Law (Amendment) Act, 1976 (68 of 1976).
[Sections 9
to 23] [Sections 24
to 27] [Sections 27A
to 34]
[Sections 35
to 41] [Schedule-
I To II] [Schedule-III]
OTHER
TOPICS IN THIS SECTION
Quantum
Designs