INTRODUCTION

In 1872 The Special Marriage Act, 1872 was enacted but later it was found inadequate for certain desired reforms, and Parliament enacted a new Legislation. “The Special Marriage Act, 1954 to replace the old Act. The new enactment has 3 major objectives (1) To provide a special form of marriage in certain cases (2) to provide for registration of certain marriages and (3) to provide for divorce. This new Act is by and large an adoption of the British Act, ‘The English Matrimonial Clauses Act, 1950’.

STATEMENT OF OBJECTS AND REASONS

This Bill revises and seeks to replace the Special Marriage Act of 1872 so as to provide a special form of marriage which can be taken advantage of by any person in India and by all Indian nationals in foreign countries irrespective of the faith which either party to the marriage may profess. The parties may observe any ceremonies for the solemnization of their marriage but certain formalities are prescribed before the marriage can be registered by the Marriage Officers. For the benefit of Indian citizens abroad, the Bill provides for the appointment of Diplomatic and Consular Officers as Marriage Officers for solemnizing and registering marriage between citizens of India in a foreign country.

(2) Provision is also sought to be made for permitting persons who are already married under other forms of marriage to register their marriages under this Act and thereby avail themselves of these provisions.

(3) The Bill is drafted generally on the lines of the existing Special Marriage Act of 1872 and the notes on clauses attached hereto explain some of the changes made in the Bill in greater detail.

ACT No. 43 OF 1954

On receipt of the assent of the President, the Bill became an Act of Parliament as the short title and the numbers THE SPECIAL MARRIAGE ACT, 1954 (43 of 1954).

Parliament left the commencement of the Act to the discretion of the Central Government.

DATE OF ENFORCEMENT

This Act came in force on 1^st January, 1955, vide Notification No. S.R.O. 3606, dated the 17^th December, 1954 Gazette of India, Extraordinary, 1954 Part II, Section 3, page 2463.

LIST OF AMENDING ACTS AND ADAPTATION ORDER

1. The Adaptation of Laws (No. 3) Order, 1956.

2. The Special Marriage (Amendment) Act, 1963 (32 of 1963).

3. The Foreign Marriage Act, 1969 (33 of 1969).

4. The Special Marriage (Amendment) Act, 1970 (29 of 1970)

5. The Marriage Law (Amendment) Act, 1976 (68 of 1976).