Marriage under Special Marriage Act, 1954

As per Section 1 of the Special Marriage Act, 1954

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 this Act extends who are 2[in the State of Jammu and Kashmir].

As per Section 4 of the said Act,  Conditions relating to solemnization of special marriages

Notwithstanding anything contained in any other law for the time being in force relating to be 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.]

As Per Section 5 of the said Act. Notice of Intended Marriage

When a marriage is intended to be solemnized under this Act, the parties to 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.

 

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