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Section 2- The Special Marriage Act, 1954

The Special Marriage Act, 1954

 

2. Definitions –

 

In this Act, unless the context otherwise requires,-

 

(a) “Consular Officer” means a consul-general, Consul, vice-consul, pro-consul or consular agent;

 

(b) “degree 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 person 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.

 

(c) “diplomatic officer” means an ambassador, envoy, minister, charge d’ affaires, high commissioner, commissioner or other diplomatic representative, or a counselor or secretary of an embassy, legation or high commission;

 

(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;

 

(e) “district court” means the principal civil court of original jurisdiction, and where there is a city civil court that court;

 

(f) “prescribed” means prescribed by rules made under this Act;

 

(g) “State Government”, in relation to a Part C State, means the Lieutenant Governor or, as the case may be, the Chief Commissioner of the State.

 

 

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The Special Marriage Act, 1954

 

Indian Laws – Bare Acts

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