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THE SPECIAL MARRIAGE ACT, 1954
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Marriage Officers.
CHAPTER II
SOLEMNIZATION OF SPECIAL MARRIAGES
4. Conditions relating to solemnization of special marriages.
5. Notice of intended marriage.
6. Marriage Notice Book and publication.
7. Objection to marriage.
8. Procedure on receipt of objection.
9. Powers of Marriage Officers in respect of inquiries.
10. Procedure on receipt of objection by Marriage Officer abroad.
11. Declaration by parties and witnesses.
12. Place and form of solemnization.
13. Certificate of marriage.
14. New notice when marriage not solemnized within three months.
CHAPTER III
REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS
15. Registration of marriages celebrated in other forms.
16. Procedure for registration.
17. Appeals from orders under section 16.
18. Effect of registration of marriage under this Chapter.
CHAPTER IV
CONSEQUENCES OF MARRIAGE UNDER THIS ACT
19. Effect of marriage on member of undivided family.
20. Rights and disabilities not affected by Act.
21. Succession to property of parties married under Act.
21A. Special provision in certain cases.
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CHAPTER V
RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
SECTIONS
22. Restitution of conjugal rights.
23. Judicial separation.
CHAPTER VI
NULLITY OF MARRIAGE AND DIVORCE
24. Void marriages.
25. Voidable marriages.
26. Legitimacy of children of void and voidable marriages.
27. Divorce.
27A. Alternative relief in divorce proceedings.
28. Divorce by mutual consent.
29. Restriction on petitions for divorce during first one year after marriage.
30. Remarriage of divorced persons.
CHAPTER VII
JURISDICTION AND PROCEDURE
31. Court to which petition should be made.
32. Contents and verification of petitions.
33. Proceedings to be in camera and may not be printed or published.
34. Duty of court in passing decrees.
35. Relief for respondent in divorce and other proceedings.
36. Alimony pendente lite.
37. Permanent alimony and maintenance.
38. Custody of children.
39. Appeals from decrees and orders.
39A. Enforcement of decrees and orders.
40. Application of Act 5 of 1908.
40A. Power to transfer petitions in certain cases.
40B. Special provisions relating to trial and disposal of petitions under the Act.
40C. Documentary evidence.
41. Power of High Court to make rules regulating procedure.
CHAPTER VIII
MISCELLANEOUS
42. Saving.
43. Penalty on married person marrying again under this Act.
44. Punishment of bigamy.
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SECTIONS
45. Penalty for signing false declaration or certificate.
46. Penalty for wrongful action of Marriage Officer.
47. Marriage Certificate Book to be open to inspection.
48. Transmission of copies of entries in marriage records.
49. Correction of errors.
50. Power to make rules.
51. Repeals and savings.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.
THE FIFTH SCHEDULE.
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THE SPECIAL MARRIAGE ACT, 1954
ACT NO. 43 OF 19541
[9th October, 1954.]
An Act to provide a special form of marriage in certain cases, for the registration of such and
certain other marriages and for divorce.
BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:―
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .―(1) This Act may be called the Special Marriage
Act, 1954.
(2) I t extends to the whole of India 2***, and applies also to citizens of India domiciled in the
territories to which this Act extends who are 3[in the State of Jammu and Kashmir].
(3) It shall come into force on such date 4 as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.―In this Act, unless the context otherwise requires,―
5* * * * *
(b) “degrees of prohibited relationship ”-a man and any of the persons mentioned in Part I of the
First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are
within the degrees of prohibited relationship.
Explanation I.―Relationship includes,―
(a) relationship by half or uterine blood as well as by full blood;
(b) illegitimate blood relationship as well as legitimate;
(c) relationship by adoption as well as by blood;
and all terms of relationship in this Act shall be construed accordingly.
Explanation II.―“Full blood” and “half blood”―two persons are said to be related to each other by
full blood when they are descended from a common ancestor by the same wife and by half blood when
they are descended from a common ancestor but by different wives.
Explanation III.―“Uterine blood”―two persons are said to be related to each other by uterine blood
when they are descended from a common ancestress but by different husbands.
Explanation IV .―In Explanations II and III, “ancestor” includes the father and “ancestress” the
mother;
6* * * * *
(d) “district” in relation to a Marriage Officer, means the area for which he is appointed as such
under sub-section (1) or sub-section (2) of section 3;
7[(e) “district court” means, in any area for which there is a city civil court, that court, and in any
other area, the principal civil court of original jurisdiction, and includes any other civil court which
1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I and to Pondicherry by Reg. 7 of
1963, Section 3 and Schedule I (w.e.f. 1-10-1963).
2. The words “ except the State of Jammu and Kashmir ” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019).
3. Subs. by Act 33 of 1969, s. 29, for “outside the said territories” (w.e.f. 31-8-1969).
4. 1st January, 1955, vide notification No. S.R.O. 3606, dated 17th December, 1954, published in the Gazette of India,
Extraordinary, Part II, Section 3.
5. Omitted by Act 33 of 1969, s. 29.
6. Omitted by s. 29, ibid.
7. Subs. by Act 68 of 1976, s. 20, for clause (e) (w.e.f. 27-5-1976).
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may be specified by the State Government by notification in the Official Gazette as hav ing
jurisdiction in respect of the matters dealt with in this Act;]
(f) “prescribed” means prescribed by rules made under this Act;
1[(g) “State Government”, in relation to a Union territory, means the administrator thereof.]
3. Marriage Officers.―(1) For the purposes of this Act, the State Government may, by, notification
in the Official Gazette, appoint one or more Marriage Officers for the whole or any part of the State.
2[(2) For the purposes of this Act, in its application to citizens of India domicile d in the territories to
which this Act extends who are in the State of Jammu and Kashmir, the Central Government may, by
notification in the Official Gazette, specify such officers of the Central Government as it may think fit to
be the Marriage Officers for the State or any part thereof.]
CHAPTER II
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;
3[(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 4* * *;]
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
5[(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]
6[(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].
7[Explanation.―In this section, “custom”, in relation to a person belonging to any tribe, community,
group or family, means any rule 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
1. Subs. by the A.O. (No. 3) Order, 1956 for clause (g).
2. Subs. by Act 33 of 1969, s. 29, for sub-section (2) (w.e.f. 31-8-1969).
3. Subs. by Act 68 of 1976, s. 21, for clause (b) (w.e.f. 27-5-1976).
4. The words “or epilepsy” omitted by Act 39 of 1999, s. 4 (w.e.f. 29-12-1999).
5. Subs. by Act 32 of 1963, s. 2, for clause (d) (w.e.f. 22-9-1963).
6. Subs. by Act 33 of 1969, s. 29, for clause (e) (w.e.f. 31-8-1969).
7. Ins. by Act 32 of 1963, s. 2 (w.e.f. 22-9-1963).
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(iii) that such rule, if applicable only to a family, has not been discontinued by the family.]
5. 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.
6. Marriage Notice Book and publication .―(1) The Marriage Officer shall keep all notices given
under section 5 with the records o f his office and shall also forthwith enter a true copy of every such
notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall
be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.
(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to
some conspicuous place in his office.
(3) Where either of the parties to an intended marriage is not permanently residing within the local
limits of the district of the Marriage Officer to whom the notice has been given under section 5, the
Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the
district within whose limits such part y is permanently residing, and that Marriage Officer shall thereupon
cause a copy thereof to be affixed to some conspicuous place in his office.
7. Objection to marriage.―(1) Any person may, before the expiration of thirty days from the date
on which any such notice has been published under sub-section (2) of section 6, object to the marriage on
the ground that it would contravene one or more of the conditions specified in section 4.
(2) After the expiration of thirty days from the date on which notice of an intended marriage has been
published under sub -section ( 2) of section 6, the marriage may be solemnized, unless it has been
previously objected to under sub-section (1).
(3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage
Notice Book, be read over and explained if necessary, to the person making the objection and shall be
signed by him or on his behalf.
8. Procedure on re ceipt of objection .―(1) If an objection is made under section 7 to an intended
marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of
the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection
is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from
the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a
decision.
(2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party
to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal
to the district court within the local li mits of whose jurisdiction the Marriage Officer has his office, and
the decision of the district court on such appeal shall be final, and the Marriage Officer shall act in
conformity with the decision of the court.
9. Powers of Marriage Officers in respect of inquiries.―(1) For the purpose of any inquiry under
section 8, the Marriage Officer shall have all the powers vested in a civil court under the Code of Civil
Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely:―
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) discovery and inspection;
(c) compelling the production of documents;
(d) reception of evidence of affidavits; and
(e) issuing commissions for the examination of witnesses;
and any p roceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the
meaning of section 193 of the Indian Penal Code (45 of 1860).
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Explanation.―For the purpose of enforcing the attendance of any person to give evidence, the local
limits of the jurisdiction of the Marriage Officer shall be the local limits of his district.
(2) If it appears to the Marriage Officer that the objection made to an int ended marriage is not
reasonable and has not been made in good faith he may impose on the person objecting costs by way of
compensation not exceeding one thousand rupees and award the whole or any part thereof, to the parties
to the intended marriage, and any order for costs so made may be executed in the same manner as a
decree passed by the district court within the local limits of whose jurisdiction the Marriage Officer has
his office.
10. Procedure on receipt of objection by Marriage Officer abroad .―Where an objection is made
under section 7 to a Marriage Officer 1[in the State of Jammu and Kashmir in respect of an intended
marriage in the State], and the Marriage Officer, after making such inquiry into the matter as he thinks fit,
entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with
such statement respecting the matter as he thinks fit to the Central Government, and the Central
Government, after making such inquiry into the matter and after ob taining such advice as it thinks fit,
shall give its decision thereon in writing to the Marriage Officer who shall act in conformity with the
decision of the Central Government.
11. Declaration by parties and witnesses.―Before the marriage is solemnized the parties and three
witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the
Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.
12. Place and form of solemnization .―(1) The marriage may be solemnized at the office of the
Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire,
and upon such conditions and the payment of such additional fees as may be prescribed.
(2) The marriage may be solemnized in any form which the parties may choose to adopt:
Provided that it shall not be complete and binding on the parties unless each party says to the other in
the presence of the Marriage Of ficer and the three witnesses and in any language understood by the
parties,―“I, (A), take the (B), to be my lawful wife (or husband)”.
13. Certificate of marriage .―(1) When the marriage has been solemnized, the Marriage Officer
shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him
for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the
parties to the marriage and the three witnesses.
(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, th e
Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been
solemnized and that all formalities respecting the signatures of witnesses have been complied with.
14. New notice when marriage not solemnized within three months.―Whenever a marriage is not
solemnized within three calendar months from the date on which notice thereof has been given to the
Marriage Officer as required by section 5, or where an appeal has been filed under sub -section ( 2) of
section 8, within three months from the date of the decision of the district court on such appeal or, where
the record of a case has been transmitted to the Central Government under section 10, within three months
from the date of decision of the Central Government, the notice and all other proceedings arising
therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a
new notice has been given in the manner laid down in this Act.
CHAPTER III
REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS
15. Registration of marriages celebrated in other forms .―Any marriage celebrated, whether
before or after the commencement of this Act, other than a marriage solemnized under the Special
1. Subs. by Act 33 of 1969, s. 29, for “outside the territories to which this Act extends in respect of an intended marriage outside
the said territories” (w.e.f. 31-8-1969).
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Marriage Act, 1872 (3 of 1872), or under this Act , may be registered under this Chapter by a Marriage
Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:―
(a) a ceremony of marriage has been performed between the parties and they have .been living
together as husband and wife ever since;
(b) neither party has at the time of registration more than one spouse living;
(c) neither party is an idiot or a lunatic at the time of registration;
(d) the parties have completed the age of twenty-one years at the time of registration;
(e) the parties are not within the degrees of prohibited relationship:
Provided that in the case of a marriage celebrated before the commencement of this Act, this
condition shall be subject to any law, custom or usage having the force of law governing each of them
which permits of a marriage between the two; and
(f) the parties have been residing within the district of the Marriage Officer for a period of not less
than thirty days immediately preceding the date on which the application i s made to him for
registration of the marriage.
16. Procedure for registration .―Upon receipt of an application signed by both the parties to the
marriage for the registration of their marriage under this Chapter the Marriage Officer shall give public
notice thereof in such manner as may be prescribed and after allowing a period of th irty days for
objections and after hearing any objection received within that period, shall, if satisfied that all the
conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage
Certificate Book in the form specif ied in the Fifth Schedule, and such certificate shall be signed by the
parties to the marriage and by three witnesses.
17. Appeals from orders under section 16 .―Any person aggrieved by any order of a Marriage
Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the
order, appeal against that order to the district court within the local limits of whose jurisdiction th e
Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the
Marriage Officer to whom the application was made shall act in conformity with such decision.
18. Effect of registration of marriage under this Chapter.―Subject to the provisions contained in
sub-section ( 2) of section 24, where a certificate of marriage has been finally entered in the Marriage
Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a
marriage solemnized under this Act, and all children born after the date of the ceremony of marriage
(whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be
and always to have been the legitimate children of their parents:
Provided that nothing contained in this section shall be construed as conferring upon any such
children any rights in or to the property of any person other than their parents in any case where, but for
the passing of this Act, such children w ould have been incapable of possessing or acquiring any such
rights by reason of their not being the legitimate children of their parents.
CHAPTER IV
CONSEQUENCES OF MARRIAGE UNDER THIS ACT
19. Effect of marriage on member of undivided family .―The marriage solemnized under this Act
of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religions shall be
deemed to effect his severance from such family.
20. Rights and disabilities not affected by Act.―Subject to the provisions of section 19, any person
whose marriage is solemnized under this Act shall have the same rights and shall be subject to the same
disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities
Removal Act, 1850 (21 of 1850), applies.
21. Succession to property of parties married under Act .―Notwithstanding any restrictions
contained in the Indian Succession Act, 1925 (39 of 1925), with respect to its application to members of
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certain communities, succession to the property or any person whose marriage is solemnized under this
Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act
and for the purposes of this Act shall have effect as if Chapter III of Part V (Special Rules for Parsi
Intestates) had been omitted therefrom.
1[21A. Special provision in certain cases.―Where the marriage is solemnized under this Act of any
person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu,
Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so much of sect ion 20 as
creates a disability shall also not apply.]
CHAPTER V
RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
22. Restitution of conjugal rights .―When either the husband or the wife has, without reasonable
excuse, withdrawn from the society of th e other, the aggrieved party may apply by petition to the district
court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made
in such petition, and that there is no legal ground why the application shoul d not be granted, may decree
restitution of conjugal rights accordingly.
2[Explanation.―Where a question arises whether there has been reasonable excuse for withdrawal
from the society, the burden of prov iding reasonable excuse shall be on the person who has withdrawn
from the society.]
23. Judicial separation.―(1) A petition for judicial separation may be presented to the district court
either by the husband or the wife,―
(a) on any of the grounds specified 3[in sub-section (1) 4[and sub-section (1A)] of section 27 ] on
which a petition for divorce might have been presented; or
(b) on the ground of failure to comply with a decree for restitution of conjugal rights;
and the court, on being satisfied of the truth of the statements made in such petition , and that there is no
legal ground why the application should not be granted, may decree judicial separation accordingly.
(2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the
petitioner to cohabit with the respondent, but the court may, on the application by petition of either party
and on being sat isfied of the truth of the statements made in such petition, rescind the decree if it
considers it just and reasonable to do so.
CHAPTER VI
NULLITY OF MARRIAGE AND DIVORCE
24. Void marriages.―(1) Any marriage solemnized under this Act shall be null and vo id 5[and may,
on a petition presented by either party thereto against the other party, be so declared] by a decree of
nullity if―
(i) any of the conditions specified in clauses ( a), ( b), ( c) and ( d) of section 4 has not been
fulfilled; or
(ii) the responde nt was impotent at the time of the marriage and at the time of the institution of
the suit.
(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this
Act within the meaning of section 18, but the registration of a ny such marriage under Chapter III may be
declared to be of no effect if the registration was in contravention of any of the conditions specified in
clauses (a) to (e) of section 15:
1. Ins. by Act 68 of 1976, s. 22 (w.e.f. 27-5-1976).
2. Added by s. 23, ibid.
3. Subs. by Act 29 of 1970, s. 2, for certain words (w.e.f. 12-8-1970).
4. Ins. by Act 68 of 1976, s. 24 (w.e.f. 27-5-1976).
5. Subs. by s. 25, ibid., for “and may be so declared” (w.e.f. 27-5-1976).
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Provided that no such declaration shall be made in any case where an appeal has been preferred under
section 17 and the decision of the district court has become final.
25. Voidable marriages.―Any marriage solemnized under this Act shall be voidable and may be
annulled by a decree of nullity if,―
(i) the marriage has not been c onsummated owing to the wilful refusal of the respondent to
consummate the marriage; or
(ii) the respondent was at the time of the marriage pregnant by some person other than the
petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in
the Indian Contract Act, 1872 (9 of 1872):
Provided that, in the case specified in clause ( ii), the court shall not grant a decree unless it is
satisfied,―
(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) that marital intercourse with the consent of the petitioner has not taken pla ce since the
discovery by the petitioner of the existence of the grounds for a decree:
Provided further that in the case specified in clause (iii), the court shall not grant a decree if,―
(a) proceedings have not been instituted within one year after the c oercion had ceased or, as the
case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as
husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
1[26. Legitimacy of children of void and voidable marriages.―(1) Notwithstanding that a marriage
is null and void under section 24, any child of such marriage who would have been legitimate if the
marriage had been valid, shall be legitimate, whether such child is born before or after the commencement
of the Marria ge Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is
granted in respect of that marriage under this Act and whether or not the marriage is held to be void
otherwise than on a petition under this Act.
(2) Where a decree of n ullity is granted in respect of a voidable marriage under section 25, any child
begotten or conceived before the decree is made, who would have been the legitimate child of the parties
to the marriage if at the date of the decree it has been dissolved instead of being annulled, shall be deemed
to be their legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any
child of a marriage which is null and void or w hich is annulled by a decree of nullity under section 25,
any rights in or to the property of any person, other than the parents, in any case where, but for the
passing of this Act, such child would have been incapable of possessing or acquiring any such r ights by
reason of not his being the legitimate child of his parents.]
27. Divorce.―2[(1)] Subject to the provisions of this Act and to the rules made thereunder, a petition
for divorce may be presented to the district court either by the husband or the w ife on the ground that the
respondent―
3[(a) has, after the solemnization of the marriage, had voluntary sexual intercourse with any
person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately
preceding the presentation of the petition; or]
1. Subs. by Act 68 of 1976, s. 26, for section 26 (w.e.f. 27-5-1976).
2. Section 27 renumbered as sub-section (1) thereof by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).
3. Subs. by Act 68 of 1976, s. 27, for clauses (a) and (b).
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(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in
the Indian Penal Code (45 of 1860);
1* * * * *
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
2[(e) has been incurably of unsound mind, or has been suffering continuously or intermittently
from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be
expected to live with the respondent.
Explanation.―In this clause,―
(a) the expression “mental disorder ” means mental illness, arrested or incomplete
development of mind, psychopathic disorder or any other disorder or disability of mind and
includes schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind
(whether or not including sub -normality of intelligence) which results in abnormally aggressive
or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or
is susceptible to medical treatment; or
(f) has been suffering from venereal disease in a communicable form; or]
(g) has 3* * * been suffering from leprosy, the disease not having been contacted from the
petitioner; or
(h) has not been heard of as being alive for a period of seven years or more by those persons who
would naturally have heard of the respondent if the respondent had been alive; 4* * *
5[Explanation.―In this sub -section, the expression “desertion” means desertion of the petitioner by
the other party to the marriage without reasonable cause and without the consent or against the wish of
such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its
grammatical variations and cognate expressions shall be construed accordingly;]
6* * * * *
7* * * * *
8[(1A) A wife may also present a petition for divorce to the district court on the ground,―
(i) that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or
bestiality;
(ii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of
1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or
under the corresponding section 488 of the Code of Criminal Procedure, 1898) (5 of 1898), a decree
or order, as the case may be, has been passed against the husband awarding maintenance to the wife
notwithstanding that she was living apart and that since the passing of such decree or order,
cohabitation between the parties has not been resumed for one year or upwards.]
1. The Proviso omitted by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).
2. Subs. by s. 27, ibid., for clauses (e) and (f) (w.e.f. 27-5-1976).
3. The words “for a period of not less than three years immediately preceding the presentation of the petition ” omitted by s. 27,
ibid. (w.e.f. 27-5-1976).
4. The word “or” omitted by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).
5. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).
6. The words “and by the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape,
sodomy or bestiality” omitted by s. 27, ibid. (w.e.f. 27-5-1976).
7. Omitted by Act 29 of 1970), s. 3 (w.e.f. 12-8-1970).
8. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).
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1[(2) Subject to the provisions of this Act and to the rules made thereunder, either party to a marriage,
whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970
(29 of 1970), may present a petition for divorce to the district court on the ground―
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for judicial separation in a proceeding to
which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for restitution of conjugal rights in a
proceeding to which they were parties.]
2[27A. Alternative relief in divorce proceedings .―In any proceeding under this Act, on a petition
for dissolution of marriage by a decree of divorce, except insofar as the petition is founded on the ground
mentioned in clause ( h) of sub -section ( 1) of section 27, the court may, if it considers it just so to do
having regard to the circumstances of the case, pass instead a decree for judicial separation.]
28. Divorce by mutual consent .―(1) Subject to the provisions of this Act and to the rules made
thereunder, a petition for divorce may be presented to the district court by both the parties together on the
ground that they have been living separately for a period of one year or more, that they have not been able
to live together and that they have mutually agreed that the marriage should be dissolved.
(2) 3[On the motion of both the parties made not earlier than six months after the date of the
presentation of the petition referred to in sub-section (1) and not later than eighteen months] after the said
date, if the petition is not withdrawn in the meantime , the district court shall, on being satisfied, after
hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized
under this Act, and that the averments in the petition are true, pass a decree declaring the marri age to be
dissolved with effect from the date of the decree.
29. Restriction on petitions for divorce during first one year after marriage .―(1) No petition for
divorce shall be presented to the district court 4[unless at the date of the presentation of the petition one
year has passed] since the date of entering the certificate of marriage in the Marriage Certificate Book:
Provided that the d istrict court may, upon application being made to it, allow a petition to be
presented 5[before one year has passed] on the ground that the case is one of exceptional hardship
suffered by the petitioner or of exceptional depravity on the part of the respon dent, but if it appears to the
district court at the hearing of the petition that the petitioner obtained leave to present the petition by any
misrepresentation or concealment of the nature of the case, the district court may, if it pronounces a
decree, do so subject to the condition that the decree shall not have effect until after the 6[expiry of one
year] from the date of the marriage or may dismiss the petition, without prejudice to any petition, which
may be brought after the 7[expiration of the said one year] upon the same, or substantially the same, facts
as those proved in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before
the 8[expiration of one year] from the date of the marriage, the district court shall have regard to the
interests of any children of the marriage, and to the question whether there is a reasonable probability of a
reconciliation between the parties before the expiration of the 9[said one year].
30. Remarriage of divorced persons.―Where a marriage has been dissolved by a decree of divorce,
and either there is no right of appeal against the decree or if there is such a right of appeal, the time for
1. Ins. by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).
2. Ins. by Act 68 of 1976, s. 28 (w.e.f. 27-5-1976).
3. Subs. by s. 29, ibid., for “On the motion of both the parties made not earlier than one year after the date of the presentation of
the petition referred to in sub-section (1) and not later than two years” (w.e.f. 27-5-1976).
4. Subs. by s. 30, ibid., for “unless at the date of the presentation of the petition three years have passed” (w.e.f. 27-5-1976).
5. Subs. by s. 30, ibid., for “before three years have passed” (w.e.f. 27-5-1976).
6. Subs. by s. 30, ibid., for “expiry of three years” (w.e.f. 27-5-1976).
7. Subs. by s. 30, ibid., for “expiration of the said three years” (w.e.f. 27-5-1976).
8. Subs. by s. 30, ibid.,for “expiration of the three years” (w.e.f. 27-5-1976).
9. Subs. by s. 30, ibid., for “said three years” (w.e.f. 27-5-1976).
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appealing has expired without an appeal having been presented, or an appeal has been presented but has
been dismissed 1* * * either party to the marriage may marry again.
CHAPTER VII
JURISDICTION AND PROCEDURE
31. Court to which petition should be made .―2[(1) Every petition under Chapter V or Chapter VI
shall be presented to the district court within the local limits of whose original civil jurisdiction--
(i) the marriage was solemnized; or
(ii) the respondent, at the time of the presentation of the petition resides; or
(iii) the parties to the marriage last resided together; or
3[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the
petition; or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the
respondent is at that time residing outside the t erritories to which this Act extends, or has not been
heard of as being alive for a period of seven years by those who would naturally have heard of him if
he were alive.]
(2) Without prejudice to any jurisdiction exercisable by the court under sub -section (1), the district
court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which
this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been
ordinarily res ident therein for a period of three years immediately preceding the presentation of the
petition and the husband is not resident in the said territories.
32. Contents and verification of petitions.―(1) Every petition under Chapter V or Chapter VI shall
state, as distinctly as the nature of the case permits the facts on which the claim to relief is founded, and
shall also state that there is no collusion between, the petitioner and the other party to the marriage.
(2) The statements contained in every such p etition shall be verified by the petitioner or some other
competent person in the manner required by law for the verification of plaints, and may, at the hearing, be
referred to as evidence.
4[33. Proceedings to be in camera and may not be printed or publ ished.―(1) Every proceeding
under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish
any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme
Court printed or published with the previous permission of the Court.
(2) If any person prints or publishes any matter in contravention of the provisions contained in
sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.]
34. Duty of court in passing decrees .―(1) In any proceeding under Chapter V or Chapter VI,
whether defended or not, if the court is satisfied that,―
(a) any of the grounds for granting relief exists; and
(b) 5[where the petition is founded on the ground specified in clause ( a) of sub -section (1) of
section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act
of sexual intercourse referred to therein], or, where the ground of the petition is cruelty,
the petitioner has not in any manner condoned the cruelty; and
(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained
by force, fraud or undue influence; and
1. The words “and one year has elapsed thereafter but not sooner” omitted by Act 68 of 1976, s. 31, (w.e.f. 27-5-1976).
2. Subs. by s. 32, ibid., for sub-section (1) (w.e.f. 27-5-1976).
3. Ins. by Act 50 of 2003, s. 2 (w.e.f. 23-12-2003).
4. Subs. by Act 68 of 1976, s. 33, for section 33 (w.e.f. 27-5-1976).
5. Subs. by s. 34, ibid. for “where the ground of the petition is adultery, the petitioner has not in any manner been accessory to or
connived at or condoned the adultery” (w.e.f. 27-5-1976).
14
(d) the petition is not presented or prosecuted in collusion with the respondent; and
(e) there has not been any unnecessary or improper delay in instituting the proceedings; and
(f) there is no other legal ground why the relief should not be granted;
then, and in such a case, but not otherwise, the court shall decree such relief accordingly.
(2) Before proceeding to grant any relief under this Act it shall be the duty of the court in the first
instance, in every case where it is possible so to do consistently with the nature and circumstances of the
case, to make every endeavour to bring about a reconciliation between the parties:
1[Provided that nothing contained in this sub -section shall apply to any proceeding wherein relief is
sought on any of the grounds specified in clause (c), clause (e), clause (f), clause (g) and clause (h) of sub-
section (1) of section 27.]
2[(3) For the purpose of aiding the court in bringing about such reconciliation, the court may, if the
parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable
period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or
to any person nominated by the court if the parties fail to name any person, with directions to report to the
court as to whether reconciliation can be and has been, effected and the cour t shall in disposing of the
proceeding have due regard to the report.
(4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree
shall give a copy thereof free of cost to each of the parties.]
3[35. Relief for res pondent in divorce and other proceedings .―In any proceeding for divorce or
judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought
on the ground of petitioner ’s adultery, cruelty or desertion, but also ma ke a counter -claim for any relief
under this Act on that ground, and if the petitioner ’s adultery, cruelty or desertion is proved, the court
may give to the respondent any relief under this Act to which he or she would have been entitled if he or
she had presented a petition seeking such relief on that ground.]
36. Alimony pendente lite.―Where in any proceeding under Chapter V or Chapter VI it appears to
the district court that the wife has no independent income sufficient for her support and the necessary
expenses of the proceeding, it may, on the application of the wife, order the husba nd to pay to her the
expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to
the husband’s income, it may seem to the court to be reasonable.
4[Provided that the application for the payment of the expenses of the proceeding and such weeExcerpt shown. Open the full act in Lexace.
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