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Section 1: Short title, extent and commencement

Special Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
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Act 1954
All 51 Sections of Special Marriage Act Section 2

Legal Commentary & Landmark Judgments: Section 1

Section 1 of the Special Marriage Act, 1954 establishes the short title, universal pan-Indian territorial extent, and extraterritorial application governing Indian citizens solemnizing secular, civil, or inter-faith marriages.

  • Secular Civil Matrimonial Scope: Enacts a uniform civil marriage law permitting any two individuals to solemnize a valid marriage irrespective of religious faith, caste, or personal laws.
  • Pan-Indian Territorial Scope: Extends to the whole of India; following the Jammu and Kashmir Reorganisation Act, 2019, its provisions apply uniformly across all States and Union Territories.
  • Extraterritorial Jurisdiction: Applies also to citizens of India domiciled in the territories of India who are abroad or who seek to solemnize marriages before designated diplomatic or consular Marriage Officers.
Key Landmark Precedents:
  • Lata Singh v. State of U.P. (2006) 5 SCC 475: The Supreme Court held that the right to marry a person of one's choice across religious or caste lines under the Special Marriage Act is a fundamental right under Article 21; State authorities are mandated to provide police protection against vigilante interference.
  • Shafin Jahan v. Asokan K.M. (2018) 16 SCC 368: The Supreme Court reaffirmed that social, religious, or parental disapproval cannot impede two consenting adults from solemnizing a marriage under the secular provisions of the Special Marriage Act.
Courtroom Practice & Strategic Litigation Guidance:

In inter-faith matrimonial cases where families threaten honor-based retaliation, cite Section 1 r/w Lata Singh. Move an urgent writ petition under Article 226 before the High Court seeking police protection and a safe house for solemnization under the Act.

All 51 Sections of Special Marriage Act Section 2