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(Act No.43 of 1954)[9th October 1954]
An Act to establish a specific type of marriage in specific circumstances, to allow the registrar of these marriages as well as other marriages, and for divorce. It was enacted by the parliament in the fifth year of the Republic of India as follows:
(1) Title, short length and beginning(1) Short title, extent and commencement (1) The Act can be referred to as"The Special Marriage Act, 1954.
(2) It applies to the entire state of India with the exception of Jammu and Kashmir. Jammu and Kashmir, and is applicable to residents of India who reside within the territories to where the Act extends, who reside within the state of Jammu and Kashmir.
(3) It will come in force on the day, i.e.1st January, 1955 when it is the date that Central Government may, by publication published in the Official Gazette, appoint.
2. Definitions - In this Act (unless the context requires the following:
(a) (* * * *) Omitted
(b) "degrees of prohibited relationship" (b) "degrees of prohibited relationship" and any one of the individuals who are mentioned as part I in the First Schedule and a woman as well as any of the individuals listed in Part II the Schedules fall within the degree of a relationship that is prohibited.
Explanation I.The definition of relationship includes:the following:
A) relationship based on the uterine or half blood as well through full blood:
B) unlegitimate blood relations and legitimate
C) relationship through adoption and also by blood
and all the terms of relation and all other terms of relationship Act are to be interpreted accordingly.
Explanation II.Explanation II "Full blood" and "half blood"Two people are thought as related one the other through full blood if they descend by a common lineage via the same spouse and also through half blood when they descend from the same ancestor, but through different wives.
Explanation III.3 "Uterine blood"- two individuals are believed to have been related one the other through uterine blood if they descend from a common ancestress, however through different spouses. Explanation IV.-In Explns. II and III. "ancestor" includes the father and "ancestress" the mother;
(d) "district", for the Marriage Officer, refers to the territory in the purpose of which he has been appointed in the manner specified by subsection (1) or (2) of Sec.3; (2) (3) of Sec.3;
(e) "District Court" is a term used to describe any region in which it is located, an City Civil Court, and in other locations that is the primary Civil Court of original jurisdiction as well as the different Civil Court which may be designated by the State Government by notification in the Official Gazette as having jurisdiction to deal with the matters addressed within this Act:
(f) "prescribed" means defined by the rules created pursuant to this Act;
(g) "State Government" for the Union territory, refers to the person who is responsible for its administration. Solemnization of Special Marriages
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