Special Marriage Act,1954
Act No : 43
Section :
Conditions relating to solemnization of special marriages.
4.Conditions relating to solemnization of special marriages.- Notwithstanding anything contained in any other law for the time being in force relating to the 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; 1*[(b) neither party- (i) is incapable of giving a valid consent to it in conse- quence 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 2***; (c) the male has completed the age of twenty-one years and the female the age of eighteen years; 3[ (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] 4[(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.] 5[Explanation.-In this section, "custom", in relation to a person belonging to any tribe, community, group or family, means any rule --------------------------------------------------------------------- 1 Subs. by Act 68 of 1976, s. 21, for the former cl. (w.e.f. 27-5- 1976). 2 Omitted by Act 39 of 1999, s. 3 (w.e.f. 29.12.1999). 3 Subs. by Act 32 of 1963, s. 2, for cl. (d). 4 Subs. by Act 33 of 1969, s. 29, for cl. (e). 5 Ins. by Act 32 of 1963, s. 2. --------------------------------------------------------------------- 18 which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family: Provided that no such notification shall be issued in relation to the members of any tribe, community, group or family, unless the State Government is satisfied- (i) that such rule has been continuously and uniformly observed for a long time among those members; (ii) that such rule is certain and not unreasonable or opposed to public policy; and (iii) that such rule, if applicable only to a family, has not been discontinued by the family.
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