PROVISIONS OF THE SPECIAL MARRIAGE ACT, 1954

This article is written by Dixita Baishya of BALLB of 5th Semester of University Law College, Gauhati University, an intern under Legal Vidhiya

ABSTRACT

In India, interfaith marriage has seen an upward trend , bridging cultural and religious divides. However, due to the complexity of personal laws in India , it poses great challenges for such marriages as different religious communities have distinct legal framework governing such marriages. To resolve this issue and to provide a legal solution, the special marriage act of 1954 was enacted. This article discusses about the special marriage act 1954 which allows marriage between people of India and all other Indians in foreign countries  irrespective of the religion or caste or creed they belong to. This legislation are unique in nature as it allows interfaith and intercaste marriages without any conversion guarantying that the marriages are governed by non-religious principles. This article then discusses its scope and application , detailed analysis of its provisions , it’s impact on the society, and outlines important judicial pronouncement that have influenced its understanding.[1]

Keywords

Religion, caste, age, consent, notice, objection, inter-religious, inter-caste, register, divorce, maintenance

INTRODUCTION

The Special Marriage Act ,1954 came into effect on October 1, 1954 . Prior to its enactment interfaith marriages were complicated because of the distinct personal laws governing marriages in different religious communities. It is a modernized law allowing the individuals to marry irrespective of their religious lines. Unlike personal laws , which allows marriages within specific religious communities , the special marriage act provides formal marriage substitute that is available to Indians regardless of their faith. The act provides a secular legal framework that allows individuals of different religion and caste to marry and have their marriage legally recognized by the state. This act also provides provisions related to divorce , maintenance and inheritance developing a complete legal framework for secular marriages. By offering a common platform for such unions , the special marriage act aims to provide harmony and respect for individual choices in marriage. The Act specifies various conditions under which marriages can be solemnized, including age requirements—21 years for men and 18 years for women, soundness of mind  to give valid consent, and the absence of an existing spouse. The couple must not be within the prohibited degrees of relationship unless permitted by custom. For the  process of marriage under the couple must submit a notice  to the Marriage Officer of the district where at least one of the parties has resided for a minimum of 30 days. This notice is displayed publicly, allowing for objections within 30 days, ensuring transparency in the marriage process.

If no objections are raised, or if they are resolved, the marriage is conducted in front of a Marriage Officer and three witnesses. The couple signs a marriage certificate, which serves as official proof of the marriage. This process makes the marriage legal and protects the couple’s rights under the law. The Act also allows for divorce and separation under specific conditions, ensuring that legal support is available if the marriage does not work out.

The Special Marriage Act also deals with property and inheritance rights, ensuring that both spouses have equal rights regardless of their religion. It provides a fair and straightforward way for couples to marry, recognizing their union legally and offering protection and support. Overall, the Act is an important step toward promoting equality and freedom in choosing one’s life partner in India.[2]

SCOPE AND APPLICATION

The special marriage act is applied to individuals who do not intend to be administered under their personal marriage laws . It extends to all Indian States as well as Indian nationals residing in foreign countries. Individuals of different faiths such as Hindus, Muslim,  Sikhs, Parsis, Christians can marry under this act.  It does not necessitate any traditional rites or ceremonies, the only requirement is that the two person must consent to it.

The act is applicable across India except for the state of Jammu and Kashmir (before the abrogation of article 370) and also extends to Indian nationals residing in foreign countries. However, they must undergo certain criteria such as being of legal marriageable age (21 years for male and 18 years for females) and not being of unsound mind.[3]

REQUIREMENTS

The basic requirement of this marriage are as follows:

Firstly, both the parties must consent to the marriage. If they both are willing to marry each other religion, caste or creed cannot act as a barrier.

Secondly, the parties intending to marry must give a written notice to the District Marriage Officer in which at least one of them has resided for a minimum of 30 days prior to the notice. After the expiry of 30 days from the date that such notice was published , the marriage is then said to be solemnized .This ensures transparency in the process.

But in any case if any party oppose the marriage and if the registrar finds that it is a reasonable ground for opposal , he can cancel the marriage immediately.

Thirdly , there should be presence of the marriage officer and three witnesses before whom the parties must give the consent for such marriage.[4]

PROVISIONS OF SPECIAL MARRIAGE ACT, 1954

Preliminary Provisions

Section 1defines the title, extent, and commencement of the Act. The Special Marriage Act, 1954, applies to the whole of India except the state of Jammu and Kashmir, and to Indian citizens abroad.[5]

Section 2 deals with the definitions used in the Act, such as “degrees of prohibited relationship” and “district,” which are relevant for the legal proceedings and relationships recognized under the Act.[6]

Section 3 provides the meaning of the term “degrees of prohibited relationship.” It lists out specific family relationships within which marriages are not allowed unless certain customs allow such [7]marriages.[8]

Conditions for Marriage

Section 4 lays down the conditions relating to the solemnization of marriages. It states that both parties must give their free consent, must not have a spouse living, must meet the minimum age requirements (21 for the groom and 18 for the bride), and must not fall within the prohibited degrees of relationship unless their customs allow it.

Procedure for Solemnization

According to Section 5 , the Parties intending to marry must give a written notice to the District Marriage Officer in which at least one of them has resided for a minimum of 30 days prior to the notice. After the expiry of 30 days from the date that such notice was published , the marriage is then said to be solemnized. The notice must be in the format listed in schedule two of the act.[9]

According to Section 6 , the true or original copy of the notice must be submitted in the ‘Marriage Notice Book’ . After Receiving the notice, the marriage officer must record it in such book. This book is a public document and anyone can inspect it , ensuring transparency in the process. The notice is then affix by the marriage officer in a noticeable place in  their office giving an opportunity to the public to raise objection if the marriage does not fulfil a legal requirement.

Also, if either party is not residing in the district of the marriage officer, a copy is sent to the marriage officer of the district where the other party resides and subsequently the other marriage officer also follows the same procedure of affixing the notice in a conspicuous place of his office.[10]

According to Section 7 , after the marriage officer affixes the notice the public can object to the marriage if they believe the marriage violates the legal requirement such as:

1. If one or both parties are already married
2. The parties are within a prohibited degree of relationship(close blood relation)
3. One or both parties do not meet the age requirement(21 years for male and 18 years for female)[11]

According to Section 8, if the above objections specified in section 7 are filed the marriage officer must investigate it within 30 days. If valid, the marriage can be terminated and if not it proceeds. If either party disagrees with the decision of the marriage officer, appeals can be file to the district court.[12]

Section 9 gives the right to appeal. If the Marriage Officer refuses to solemnize the marriage due to an objection, the parties can appeal to the district court, which will make a final decision.[13]
Section 10 allows the marriage to proceed if no objection is made, or if objections are cleared. The parties must then declare in the presence of the Marriage Officer and three witnesses that they intend to marry.[14]

According to Section11, before the marriage is solemnized, the parties are required to sign a declaration in the form specified in Third Schedule of the act in presence of  the marriage officer and three witnesses and then it must be countersigned by the marriage officer.[15]

According to Section 12 , the marriage can take place in the office of the marriage officer  or within a suitable distance as per the desire of the parties and for such an extra cost should be paid.

The marriage may be praised in any form which the parties may choose.[16]

CONSEQUENCES OF MARRIAGE UNDER THE ACT

According to Section 13, a marriage certificate is given by the marriage officer to the parties which is to be signed by them and the marriage officer enters the marriage in the marriage certificate book.[17]

Section 14 states that any false declarations made by the parties can result in penalties such as imprisonment or fines.[18]

Section 15  provides for annulment of marriage if any marriage is found to be void or voidable due to fraud, misrepresentation, or other legal impediments.[19]

REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS

Section 16 provides for the registration of marriages that were celebrated in other forms but which meet the requirements of this Act. Both parties must apply to the Marriage Officer for the registration of their marriage.[20]

Section 17 sets the procedure for such registration. Similar to the procedure for marriages solemnized under the Act, a public notice is required, and objections may be raised.[21]
Section 18 specifies that if no valid objections are raised, and the other conditions are met, the Marriage Officer will enter the marriage into the marriage certificate book.[22]
Section 19 ensures that the registration of marriages under this section is legally valid and recognized by law.[23]

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

Section 22 gives the right to either spouse to apply to the district court for the restitution of conjugal rights if the other spouse has withdrawn from the marriage without reasonable excuse.[24]
Section 23 provides for judicial separation. Either party can apply for judicial separation on grounds similar to those for divorce under the Act.[25]

DIVORCE AND NULLITY OF MARRIAGE

Section 24 deals with the grounds for divorce. A petition for divorce can be filed on various grounds, including adultery, desertion, cruelty, mental illness, venereal disease, renunciation of the world, or presumption of death.[26]

Section 25 deals with nullity of marriage. A marriage can be declared null and void if it was performed under duress, fraud, or if one of the parties was already married, or if the marriage falls under prohibited relationships.[27]

Section 26 provides for custody and maintenance of children born to parents whose marriage is annulled under the Act.[28]

Section 27 states that parties to a marriage can apply for divorce by mutual consent after one year of separation if both parties agree that the marriage should be dissolved.[29]
Section 28 outlines the procedure for filing an appeal to the district court against any decree or order related to divorce, annulment, or judicial separation.[30]

Section 29 gives the power to district courts to grant maintenance during the pendency of the proceedings.[31]

LEGITIMACY OF CHILDREN AND MAINTENANCE

Section 30 declares that children of marriages that are annulled under this Act will still be considered legitimate.[32]

Section 31 specifies that the court can order maintenance for any child of the marriage, including legitimate and illegitimate children.[33]

Section 32 provides for permanent alimony and maintenance to either party after a divorce or annulment, depending on the financial status and other relevant circumstances.[34]

MISCELLANEOUS PROVISIONS

Section 33 deals with jurisdiction and states that the district court is the competent court for hearing cases under the Act.[35]

Section 34 specifies the procedure for the transfer of cases in the event that one of the parties resides outside the jurisdiction of the court.[36]

Section 35 of the Special Marriage Act, 1954, essentially states that the **procedures outlined in the Code of Civil Procedure, 1908** will apply to all legal proceedings under this Act. This means that any lawsuits, petitions, or applications related to marriages under the Special Marriage Act must follow the standard civil legal processes as prescribed by the Code of Civil Procedure. In other words, the rules and procedures for filing and handling civil cases, such as presenting evidence, hearing witnesses, and passing judgments, will be the same as in other civil court cases.[37]

Section 36 states that the Indian Evidence Act, 1872, will apply in all proceedings under this Act.[38]

Section 37 provides for costs in matrimonial proceedings, which will be borne by the parties as directed by the court.[39]

Section 38 outlines the requirement for witnesses and evidence in cases related to marriage under this Act.[40]

Section 39 defines the meaning of “minor” under this Act, and establishes the court’s authority in matters involving minors.[41]

Section 40 states that certain marriage officers can be appointed to handle marriages under this Act.[42]

Section 41 allows parties to marriages under this Act to receive solemnization certificates, which are conclusive evidence of their marriage.[43]

Section 42 states that every Marriage Officer must keep proper records of all marriages solemnized by them under this Act.[44]

Section 43 provides immunity to Marriage Officers from civil suits when acting in good faith under the Act.[45]

Section 44 specifies penalties for making false declarations or certificates under the Act.[46]

Section 45 deals with the issue of fraud and forgery in relation to marriage certificates, providing for legal consequences.[47]

Section 46 allows for marriages under this Act to be solemnized or registered without adhering to religious customs.[48]

Section 47 deals with the protection of the rights of children born under a marriage solemnized under the Act.[49]

Section 48  covers offenses and penalties, stating the punishments for those who violate the provisions of the Act.[50]

Section 49 specifies the powers of the Central Government to make rules for the implementation of the Act.[51]

Section 50 provides for the power of state governments to make rules regarding the application of the Act.[52]

Section 51 is the final section and it repeals previous laws that conflict with this Act, ensuring that the Special Marriage Act, 1954, supersedes any prior contradictory legislation.

According to Section 4 of the Special Marriage Act,1954 there must be three requirements:

1. This act states that the marriage would be considered null and void if either party has a living spouse at the time of marriage.
2. The parties must of sound mind and is capable of giving a valid consent to it
3. Both the parties should be of legal marriageable age (21 years for male and 18 years for Female)
4. The parties should not be within prohibited degree of relationship.[53]

DIVORCE

Divorce legally ends the marital union and the parties return to their single status allowing them to marry again. Section 27 of the act deals with the ground for divorce .

GROUNDS FOR DIVORCE

1. Adultery: Section 27(1) (a) allows a spouse to seek divorce if the other party has committed adultery(having voluntary sexual relationship with someone else other than the spouse). The petitioner must provide evidence to claim adultery for the court to grant divorce under this ground. In Yogendra pal vs Sakuntala Devi(1989), the supreme court held two things: whether the adultery was committed with a opposite sex and whether it has impacted the marital relationship.
2. Desertion: Section 27(1)(b) deals with desertion which occurs when a spouse has left the other in order to end the marital relationship without consent and without reasonable cause for at least 2 years before the petition is submitted. In Rameshwar vs Kanchan (1993) the supreme court held that the deserted spouse must prove the fact and intention behind desertion.
3.  Imprisonment: Section 27(1)(c) deals with the ground for imprisonment. The ground                for divorce under imprisonment occurs when one spouse has been sentenced for more than seven years for a criminal offence. This ground acknowledges that due to prolonged separation, it makes it reasonable for the other spouse to file for divorce.  In Smt Kiran vs State of Bombay(2022) the Bombay high court held that imprisonment for a period of  seven years or more is a reasonable ground for a valid divorce if there is an impact in the marital relationship 
4. Cruelty :  Section 27 (1)(d) deals with cruelty as a ground for divorce. Cruelty includes physical or mental harm by one spouse to the other.  The cruelty may be in physical , emotional and mental form which may cause harm to the spouse making it difficult for the injured spouse to reside with them . In Savita vs Anil (2008) the court held occasional events does not constitute cruelty unless it causes harm. 
5. Unsoundness of mind: It is also a ground for divorce under the  act. In such ground, the burden of proof lies on the petitioner to prove that the respondent is of unsound mind or is suffering from a mental disorder continuously or intermittently and that the respondent’s unsoundness of mind is incurable . The court then allows for divorce on such a ground. 
6. Venereal disease : Under this ground, the petitioner files a divorce when a partner is suffering from  venereal disease, which is communicable, infectious and  incurable . Therefore, it allows the non-infected spouse to seek for divorce, avoiding the risk from getting infected by its partner‘s condition
7. Not heart of being alive : if a person is not heard of being alive for more than seven years, then the person is considered to be dead and the spouse can file a case for divorce under this ground .
8. Husband is guilty of rape , sodomy or bestiality : The wife may file a petition to the district court if a husband has been found guilty of rape, sodomy or bestiality since the beginning of the marriage. However, there should be evidence by the wife by calling witness and also acceptance by the respondent admitting that guilt. Non-Resumption of Cohabitation : After an order of maintenance , if cohabitation is not resumed for even after one year of judicial separation either party can use this ground as divorce , indicating that the marriage has broken down permanently.
9. Restitution of Conjugal Rights : If either spouse withdraws from the society of the other without reasonable cause, the aggrieved party can apply for restitution of conjugal rights. The court may order the spouse to resume cohabitation.
10.   Judicial Separation :A decree of judicial separation can be sought on grounds similar to those for divorce. During judicial separation, the parties remain married but are not obliged to cohabit.
11. Non-Resumption of Cohabitation : After an order of maintenance , if cohabitation is not resumed for even after one year of judicial separation either party can use this ground as divorce , indicating that the marriage has broken down permanently.

     12. Divorce by Mutual Consent 

• Mutual Consent : Both parties can file for divorce jointly if they have been living separately for one year or more and mutually agree that the marriage should be dissolved.
• Cooling-off Period :There is a 6-month cooling-off period after filing, but it can be waived by the court in specific circumstances.

MAINTENANCE

According to Section 36 , alimony pendente lite is provided in which the wife may seek temporary maintenance during the divorce proceedings . The court may ask the husband to pay  the wife some fair amount based on his financial capacity  until the proceedings regarding permanent alimony or maintenance are finalised. [54]

According to Section 37 ,  after granting divorce the either spouse is asked by the court to pay permanent alimony or maintenance to the other . The payment may be a fixed amount or regular instalments , depending on the financial condition of both the parties , the duration and needs of marriage . [55]

Factors Considered for maintenance: The court considers several elements when deciding on maintenance, such as each spouse’s income and assets, their living standards during the marriage, their age and health , and any financial obligations they are dealing with.

Modification and Cessation of Marriage : The court modifies the maintenance if certain increase or decrease of income has taken place  , remarriage or death of either of the party. The court may also stop maintenance if it finds out that the recipient spouse has remarried or is financially independent .

JUDICIAL PRECEDENTS

• Lata Singh vs State of UP (2006)

In this case, Lata Singh, a major married a person of another cast by her Will the couple also had a child out of the wedlock . The petitioner brother due to outraged of inter-caste marriage harass the husbands paternal home. The brother also filed a petition of false kidnapping of a sister against the husband and three in-laws under section 482 of criminal procedure code and as a result, the three in-laws were rested. Therefore, she prayed to the apex court to issue a writ of mandamus. The Supreme Court held that the right to marry someone by will is an integral part of right to life and liberty under article 21 of Constitution, therefore determined that the petitioner at the age of 24 is of legal age and can choose her own spouse

• Shakti Vahini vs union of India (2018)

In this case Shakti Vahini, a non-profit organization filed a writ petition before the Supreme Court to seek protection from the family members who causes dangers and abuse to the couples marrying outside their caste or religion and also from the Khap panchayats who often take matters on their own hand to punish the couples as a result of challenging the social norms which leads to honour killing (particularly in northern India) . The Supreme Court held honour killing as illegal and unconstitutional and regarded the punishment by khap panchayat unlawful. The court also issued guidelines to settle houses provide police protection to the couples facing such threat and dangers . The SC directed the state government to take safety measures for such couples.

• Lily Thomas vs Union of India (2013)

In this case, the Hindu man converted to Islam and remarried without dissolving his first marriage. The Supreme Court held such marriages void as it promote bigamy. The court held that the protection provided by the Special Marriage Act applies despite of religious conversion and also stated that individuals cannot avoid the law by changing the religion.

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RECENT AMENDMENTS OF THE SPECIAL MARRIAGE ACT, 1954

1. LGBTQ   and  rights on    marriage, equality

The special marriage act has been scrutinise for not recognising same-sex marriages. Many petitions were filed in the Supreme Court that argued violation of article 14 of the Constitution. The court held that for such marriage legislative actions would require rather than judicial interpretation. The court stated that such act would influence separation of power between judiciary and legislature and such changes should come from Parliament.

2. Gender, neutrality and modernisation

In 2022 special marriage amendment bill targeted to permit same-sex marriage by changing several provisions of the act but it did not pass through Parliament. This shows for the need of legal reform.

3. Judicial review and constitutional challenges.

There has been going on debates whether the act should evolve or not to include non-how to include non-heterosexual couples.

DRAWBACKS OF SPECIAL MARRIAGE ACT, 1954[57]

1. The notice period me lead to tensions between the couples as it me welcome objection by the public

2. The burden of detail paperwork would be overwhelming.

3. Many people are not aware of the special marriage act and as a result, its benefits or unused.

CONCLUSION

The special Marriage act is an important legislation that allows people of different faith to marry without changing their religion or caste . Unlike other personal laws it allows individuals to marry without converting to a specific religion , promoting inter-caste and inter-faith relationship. It covers key areas like marriage registration, divorce , maintenance ensuring that everyone’s rights are protected regardless of any religion or caste . 

However, it has some cons like requirement to give public notice which sometimes leads to harassment by the society . Although the court have provided protection from such persons marrying under this act there is still a need for changes for reducing social discrimination. 

Compared to other laws like the Hindu Marriage Act and Muslim Marriage act , it distinguishes itself as it allows people of different faith to marry each other .Recent updates have tried to fix some of the issues however more improvements are necessary to keep pace with the changing society.

In summary it is a forward thinking laws that allows individuals the right to marry based on their own choice  beyond religious restrictions. By strengthening this law would lead to a society that respects the freedom and equality of everyone .

REFERENCES

1. Chauhan, S. (2022, November 3). ipleaders Blog. Retrieved from blog.ipleaders.in: https://blog.ipleaders.in/special-marriage-act/
2. Diwan, P. (2011). Law of marriage and Divorce. Delhi: Universal Law Publishing Co.
3. Vallari Kapoor, P. D. (2022). Special Marriage Act And Anti Convertion Laws of India . HEINONLINE, 1627.

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[1]  Vallari Kapoor , Prajwal Dwivedi , Special Marriage Act and Anti Convention Laws of India , Volume5,ISSN 2581,1627-1629(2022)

[2] Vallari Kapoor , Prajwal Dwivedi , Special Marriage Act and Anti Convention Laws of India , Volume5,ISSN 2581,1627-1629(2022)

[3] S. Chauhan, ,Ipleaders, https://blog.ipleaders.in(last visited on 2 October)

[4] iPleaders. blog.iPleaders.in: https://blog.ipleaders.in/all-about-sources-of-law-jurisprudence(last visited on 30september,2024)

[5]  Special Marriage Act, § 1, No. 43, Acts of Parliament, 1954 (India).

[6] Special Marriage Act, § 2, No. 43, Acts of Parliament, 1954 (India).

[7] Special Marriage Act, § 3, No. 43, Acts of Parliament, 1954 (India). 

[8]  Special Marriage Act, § 4, No. 43, Acts of Parliament, 1954 (India). 

[9] Special Marriage Act, § 5, No. 43, Acts of Parliament, 1954 (India).)

[10] Special Marriage Act, § 6, No. 43, Acts of Parliament, 1954 (India). 

[11] Special Marriage Act, § 7, No. 43, Acts of Parliament, 1954 (India)

[12] Special Marriage Act, § 8, No. 43, Acts of Parliament, 1954 (India.

[13] Special Marriage Act, § 9, No. 43, Acts of Parliament, 1954 (India).

[14] Special Marriage Act, § 10, No. 43, Acts of Parliament, 1954 (India).

[15] Special Marriage Act, § 11, No. 43, Acts of Parliament, 1954 (India)

[16] Special Marriage Act, § 12, No. 43, Acts of Parliament, 1954 (India).

[17] Special Marriage Act, § 13, No. 43, Acts of Parliament, 1954 (India)..

[18] Special Marriage Act, § 14, No. 43, Acts of Parliament, 1954 (India).

[19] Special Marriage Act, § 15, No. 43, Acts of Parliament, 1954 (India)

[20] . Special Marriage Act, § 16, No. 43, Acts of Parliament, 1954 (India).

[21] Special Marriage Act, § 17, No. 43, Acts of Parliament, 1954 (India).

[22] Special Marriage Act, § 18, No. 43, Acts of Parliament, 1954 (India).

[23] Special Marriage Act, § 19, No. 43, Acts of Parliament, 1954 (India).

[24] Special Marriage Act, § 22, No. 43, Acts of Parliament, 1954 (India).

[25] Special Marriage Act, § 23, No. 43, Acts of Parliament, 1954 (India).

[26] Special Marriage Act, § 24, No. 43, Acts of Parliament, 1954 (India).

[27] Special Marriage Act, § 25, No. 43, Acts of Parliament, 1954 (India).

[28] Special Marriage Act, § 26, No. 43, Acts of Parliament, 1954 (India).

[29] Special Marriage Act, § 27, No. 43, Acts of Parliament, 1954 (India).

[30] Special Marriage Act, § 28, No. 43, Acts of Parliament, 1954 (India).

[31] Special Marriage Act, § ,29 No. 43, Acts of Parliament, 1954 (India).

[32] Special Marriage Act, § 30, No. 43, Acts of Parliament, 1954 (India).

[33] Special Marriage Act, § 31, No. 43, Acts of Parliament, 1954 (India).

[34] Special Marriage Act, § 32, No. 43, Acts of Parliament, 1954 (India).

[35] Special Marriage Act, § 33, No. 43, Acts of Parliament, 1954 (India).

[36] Special Marriage Act, § 34, No. 43, Acts of Parliament, 1954 (India).

[37] Special Marriage Act, § 35, No. 43, Acts of Parliament, 1954 (India).

[38] Special Marriage Act, § 36, No. 43, Acts of Parliament, 1954 (India).

[39] Special Marriage Act, § 37, No. 43, Acts of Parliament, 1954 (India).

[40] Special Marriage Act, §38, No. 43, Acts of Parliament, 1954 (India).

[41] Special Marriage Act, § 39, No. 43, Acts of Parliament, 1954 (India).

[42] Special Marriage Act, § 40, No. 43, Acts of Parliament, 1954 (India).

[43] Special Marriage Act, § 41, No. 43, Acts of Parliament, 1954 (India).

[44] Special Marriage Act, § 42, No. 43, Acts of Parliament, 1954 (India).

[45]Special Marriage Act, § 43 No. 43, Acts of Parliament, 1954 (India).

[46] Special Marriage Act, § 44 No. 43, Acts of Parliament, 1954 (India).

[47] Special Marriage Act, § 45, No. 43, Acts of Parliament, 1954 (India).

[48] Special Marriage Act, § 46, No. 43, Acts of Parliament, 1954 (India).

[49] Special Marriage Act, § 47, No. 43, Acts of Parliament, 1954 (India).

[50] Special Marriage Act, § 48, No. 43, Acts of Parliament, 1954 (India).

[51] Special Marriage Act, § 49, No. 43, Acts of Parliament, 1954 (India).

[52] Special Marriage Act, § 50, No. 43, Acts of Parliament, 1954 (India).

[53] Special Marriage Act, § 51, No. 43, Acts of Parliament, 1954 (India).

[54] Special Marriage Act, § 36, No. 43, Acts of Parliament, 1954 (India).

[55] Special Marriage Act, § 37, No. 43, Acts of Parliament, 1954 (India).

[56] Diwan, P. (2011). Law of marriage and Divorce. Delhi: Universal Law Publishing Co.

[57] Timesofindia.indiatimes.com/what-is-special-marriage-act-and-who-should-consider-it

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