Section 4, Special Marriage Act [S10-1RK]
As at 7 September 2026. In force from 1 January 1955.
4. Conditions relating to solemnization of special marriages.—Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:—
(a) neither party has a spouse living;
(b) neither party—
(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(iii) has been subject to recurrent attacks of insanity;
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
(d) the parties are not within the degrees of prohibited relationship:
Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship; [...]
Defined terms in this text (3)
child: Section 2(f), DPDP Act: "child" means an individual who has not completed the age of eighteen years;
child: Section 2, Madras, Bengal and Bombay Children (Supplementary) Act, 1925 [S17C74] (In this Act, unless the context otherwise requires,—): "child" means a person who has not completed eighteen years of age
child: Section 2, Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960 [S1FWXN] (In this Act, unless the context otherwise requires,—): "child" means a person who has not completed eighteen years of age
child: 16 more definitions.
person: Section 3, General Clauses Act, 1897 [S100SN] (In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context): "person" shall include any company or association or body of individuals, whether incorporated or not
person: 1 more definition.
year: Section 3, General Clauses Act, 1897 [S100SN] (In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context): "year" shall mean a year reckoned according to the British calendar
Made under this section, or naming it (0)
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Cited by (0)
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Not held (0)
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Duties published under this section (0)
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