Special Marriage Act: Definitions and Marriage Officers

Two building blocks run through the Special Marriage Act. The first is the concept of degrees of prohibited relationship, defined in section 2 and set out in the First Schedule, which determines who cannot marry whom. The second is the Marriage Officer, appointed under section 3, who receives notice, inquires into objections, solemnizes and registers marriages, and keeps the official records. This note covers the definitions, the First Schedule and the office of the Marriage Officer.

1. Definitions in Section 2

Figure 1: Key definitions

• Degrees of prohibited relationship, s.2(b). A man and any person in Part I of the First Schedule, and a woman and any person in Part II, are within the degrees of prohibited relationship.
• District court, s.2(e). In an area with a city civil court, that court; elsewhere, the principal civil court of original jurisdiction, and any other civil court the State Government notifies. This is the court for matrimonial petitions under the Act (Topic 21)
• District. In relation to a Marriage Officer, the area for which he is appointed. It decides where notice must be given (Topic 4)

Figure 2: What counts as a relationship

2. The First Schedule

Figure 3: Categories in Part I (for a man); Part II mirrors it for a woman

• Structure. Part I lists 37 relations a man cannot marry; Part II lists the 37 corresponding relations for a woman.
• Step relations and in-laws. The list includes step-mothers and step-grandmothers, and the widows of a son, grandson and great-grandson, so the bar extends beyond blood relations.
• First cousins. The daughters of the father's brother, father's sister, mother's sister and mother's brother are all within the prohibited degrees. Cousin marriage is therefore barred unless a notified custom permits it (Topic 3)
• Adoption and illegitimacy. Under Explanation I, an adoptive relationship and an illegitimate relationship count in the same way as a legitimate blood relationship.

3. Marriage Officers

Figure 4: Functions of the Marriage Officer

• Appointment, s.3(1). The State Government may, by notification in the Official Gazette, appoint one or more Marriage Officers for the whole or any part of the State. In practice, the Sub-Registrar or a designated revenue officer usually acts.
• Section 3(2). Allowed the Central Government to specify its officers as Marriage Officers for Indian citizens domiciled elsewhere who were in the former State of Jammu and Kashmir.
• Quasi-judicial role. When deciding an objection, the Marriage Officer has the powers of a civil court to summon witnesses, take evidence on oath and require documents (s.9). An appeal lies to the district court (s.8)
• Records. The Marriage Officer keeps the Marriage Notice Book and the Marriage Certificate Book; the certificate entered there is conclusive evidence of the marriage (s.13)

4. Frequently Asked Questions

Can first cousins marry under the Special Marriage Act?

Not ordinarily. The First Schedule includes the children of a father's brother, father's sister, mother's sister and mother's brother. Under the proviso to s.4(d), such a marriage may be solemnized only if a custom governing at least one party permits it, and that custom must have been notified by the State Government.

Who appoints Marriage Officers under the Act?

The State Government, by notification in the Official Gazette, for the whole or any part of the State, under s.3(1). The officer's district is the area for which he is appointed.

5. Related Topics

• Topic 3: Conditions for a Special Marriage, Section 4. Prohibited degrees and custom.
• Topic 5: Objection to Marriage and Inquiry. The Marriage Officer's inquiry.