Special Marriage Act: Leading Cases and Revision Chart

This final note brings the Special Marriage Act series together for revision. It lists the leading cases with the principle each stands for, gathers the numbers and periods that examiners favour, and sets out the traps that most often catch candidates. Each item links back to the topic where it is explained in full.

1. Leading Cases

Cases across the series

Figure 1: Cases across the series

Hindu law cases. Many leading cases on restitution, cruelty, desertion, mutual consent and legitimacy were decided under the Hindu Marriage Act. Because the provisions are parallel, they apply equally to the Special Marriage Act.
Others to remember. Shafin Jahan (2018) and Lata Singh (2006) on choice of partner; Sarla Mudgal (1995) on bigamy by conversion; Y. Narasimha Rao (1991) on foreign divorces; Rosy Jacob (1973) on custody.

2. Key Numbers

Numbers and periods

Figure 2: Numbers and periods

Sixty days. Applications for interim maintenance and for children's maintenance and education to be decided, as far as possible, within sixty days of notice (ss.36, 38)
Six to eighteen months. Window for the second motion in mutual consent divorce (s.28(2))
Rs 500 and one year. Maximum penalty on a Marriage Officer for wrongful solemnization (s.46)
37 and 37. Entries in Parts I and II of the First Schedule.

3. Most Frequent Traps

Void grounds. Mental incapacity, under age and impotence make a special marriage void, not voidable (s.24)
Custom. Must be notified by the State Government (Explanation to s.4)
Registration. Both parties must be 21 and both resident for thirty days (s.15)
Section 21A. Inserted in 1963, not 1976; applies only when both parties are Hindus, Buddhists, Sikhs or Jains.
Alimony. Wife only (ss.36, 37)
Leprosy. No longer a divorce ground since 2019.
Remarriage. Only after the decree becomes final (s.30)

⚠ Exam trap

Ages 21 and 18 (both 21 for registration); thirty days for residence, objections, decision and appeal to the district court; three witnesses; notice lapses after three months; one-year bar on divorce and one-year separation for mutual consent; ninety days for appeal. Void for breach of s.4(a) to (d) and impotence. Section 21A (1963) keeps Hindu succession. Alimony for the wife only. Supriyo (2023): no same-sex marriage under the Act.

4. Frequently Asked Questions

Which provisions of the Special Marriage Act are most often examined?

The conditions in s.4 and their consequence under s.24; notice and objection under ss.5 to 8; registration under s.15; ss.19 to 21A on family property and succession; the divorce grounds and mutual consent under ss.27 and 28; and wife-only alimony under ss.36 and 37.

Which recent Supreme Court decisions matter most for the Act?

Shilpa Sailesh v Varun Sreenivasan (2023) on irretrievable breakdown and waiver of the waiting period under Article 142, and Supriyo v Union of India (2023) on same-sex marriage, together with Revanasiddappa v Mallikarjun (2023) on the property rights of children of void marriages.

5. Related Topics

Topic 28: Special Marriage Act and Hindu Marriage Act Compared. Side-by-side comparison.
Topic 1: Nature, Object and Scheme of the Act. The start of the series.