Section 51: Repeals and savings
Special Marriage Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1954
Special Marriage Act • Official Statutory Text & Practice Guide
(1) The Special Marriage Act, 1872, and any law corresponding to the Special Marriage Act, 1872, in force in any Part B State immediately before the commencement of this Act are hereby repealed.
(2) Notwithstanding such repeal,
(a) all marriages duly solemnized under the Special Marriage Act, 1872, or any such corresponding law shall be deemed to have been solemnized under this Act;
(b) all suits and proceedings in causes and matters matrimonial which, when this Act comes into operation, are pending in any Court, shall be dealt with and decided by such Court, so far as may be, as if they had been originally instituted therein under this Act.
(3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in section 6 of the General Clauses Act, 1897, which shall also apply to the repeal of the corresponding law as if such corresponding law had been an enactment.
THE FIRST SCHEDULE
See section 2 (b)
“Degrees of Prohibited relationship”
THE SECOND SCHEDULE
(See section 5)
NOTICE OF INTENDED MARRIAGE
To
The Special Marriage Act, 1954
Marriage Officer for the .District.
We hereby give you notice that a marriage under Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.
Name
Condition
Occupation
Age
Dwelling Place
Permanent dwelling place if present dwelling place not permanent
Length of residence
A.B.
Unmarried
Widower
Divorcee
C.D.
Unmarried
Widow
Divorcee
Witness our hands this ..day of .19.
(S.d.) A.B.
(S.d.) C.D.
THE THIRD SCHEDULE
(See section 11)
DECLARATION TO BE MADE BY THE BRIDEGROOM
I, A.B., hereby declare as follows:-
(Sd.) A.B.(the Bridegroom)
DECLARATION TO BE MADE BY HE BRIDE
I, C.D., hereby declare as follows;-
(Sd) C.D.(the Bride)
Signed in our presence by the above-named A. B. and C. D. so far as we are aware there is no lawful impediment to the marriage.
(Sd) G.H.
Three witness
(Sd) I.J.
(Sd) K.L.
Countersigned E.F.,
Marriage Officer.
Dated the day of 19
THE FOURTH SCHEDULE
(See Section 13)
CERTIFICATE OF MARRIAGE
I, E.F. hereby certify that on the day of 19 A.B. and C.D.* appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations of required by section 11 and that a marriage under this Act was the solemnized between them in my presence
(Sd) E.F.,
Marriage Officer for
(Sd) A.B.,
Bridegroom
(Sd) C.D.,
Bride
(Sd) G.H.
Three witness
(Sd) I.J.
(Sd) K.L.
Dated the............. day of................... 20....................
THE FIFTH SCHEDULE
(See section 16)
CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS
I, E.F., hereby certify that A.B. and C.D. appeared before me {*Here in give particulars of then parties} this day 19 and that each of them, in my presence have declared that a ceremony of marriage has been performed between them and that they have been living together as husband and wife wince the time of their marriage, and that in accordance with their desire to have their marriage registered under this Act the said marriage has, this Day of 19 been registered under this Act, having effect as from..............
(Sd) E.F.,
Marriage Officer for
(Sd) A.B.,
Bridegroom
(Sd) C.D.,
Bride
(Sd) G.H.
Three witness
(Sd) I.J.
(Sd) K.L.
Dated the day of 20..............
Legal Commentary & Landmark Judgments: Section 51
Section 51 formally repealed the pre-existing Special Marriage Act, 1872, while saving all marriages solemnized thereunder and preserving rights, privileges, and legal proceedings accrued prior to the 1954 enactment.
In family disputes involving marriages solemnized prior to 1954 under the 1872 Act, invoke Section 51 to confirm that all modern grounds for divorce, judicial separation, and child custody under the 1954 Act are fully applicable.