Report No. 23

Suggested Amendments to the Special Marriage Act, 1954

On the enactment of the proposed Legislation, the provisions in the Special Marriage Act, 1954, relating to marriages of citizens of India, which take place outside India, will become redundant and will have to be deleted. The extra-territorial operation of the Act in relation to Jammu and Kashmir will, of course, continue. The following amendments will, therefore, become necessary in that Act:-

Section 1(2).-For the words "outside the said territories", substitute the words "in the State of Jammu and Kashmir".

Section 2(a).-"consular officer"-omit.

Section 2(c).-"diplomatic officer"-omit.

Section 3(2).-(i) For the words "outside the said territories", substitute the words "in the State of Jammu and Kashmir".

(ii) After the words "Official Gazette", add the words "specify such officers of the Central Government as it may think fit to be Marriage Officers for the State or any part thereof".

(iii) Omit clauses (a) and (b).

Section 4(e).-Substitute the following for this clause:-

"(e) where the marriage is solemnised in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends."

Section 10.-For the words "outside the territories to which this Act extends in respect of an intended marriage outside the said territories", substitute "in the State of Jammu and Kashmir in respect of an intended marriage in that State".

Section 50(1).-Omit the words "diplomatic and consular officers and other".