The Special Marriage Act 1872, 3 of 1872 (Rep., Act 43 of 1954)

Section 15. Everv nerson who, being at the time married, Penalty on procures a mkiriage of himself io be so

Repealed or not in force · As amended up to 2026-08

15. - -. Everv nerson who, being at the time married, Penalty on procures a mkiriage of himself io be solemnized undei gn22,d,i this Act, shall be deemed to have committed an offence again under under section four hundred and ninety-four or section ht. four hundred and ninety-five of the Indian Penal Code, as the case may be ; and the marriage so solemnized is void. 16.[Every person married under this Act who, ][Punishment ] during the life-time of his or her wife or husband, `'O` bigamy. contracts any other marriage, shall be subject to the penalties provided in sections four hundred and ninetyfour and four hundred and ninety-five of the Indian Penal Code for the offence of marrying again during the life-time of a husband or wife, whatever may be the religion which he or she professed at the time of such second marriage. 17. The Indian Divorce Act shall apply to all mar- Indian riages contracted under this Act, and any such mar- Divorce Act riage may be declared null or dissolved in the manner[to apply. ] therein provided, and for the causes therein' mentioned, or on the ground that it contravenes some one or more of the conditions prescribed in clauses (I), `(Z),` (3) or (4) of section two of this Act. 18. The issue of marriages solemnized under this[Law to apply ] to issue of Act shall, if they marry under this Act, be deemed ,a,,iazes to be subject to the law to which their fathers were under Act. subject as to the prohibition of marriages by reason of consanguinity and affinity, and the provisoes to section two of this Act shall apply to them. 19. Nothing Mar?.iuge. [ ACT 111 Saving of marriages solemnized otherwise than under Act. Registry of marriages contracted before passing of Act. Penalty for signingdeclarations or certificates . containing false statements. 19.[Nothing in this Act contained shall affect the ] validity of any marriage not solemnized under its provisions ; nor shall this Act be deemed directly or indirectly to affect the validity of any mode of con^ tracting marriage ; but if the validity of any such mode shall hereafter come into question before any Court, such question shall be decided as if this Act had not been passed. 20. All persons who have heretofore contracted marriages in the presence of at least two witnesses, according to any form whatever, may at any time, previous to the first day of January 1873, have such mmriages registered under this Aot, and such marriages shall thereupon be deemed to be and to have been `as` valid as if' they had been contracted and solemnized under this Act : Provided that persons who have such marriages registered under this section must, on such registry, sign a declaration in the form given in the fourth schedule to this Act. No marriage shall be registered under this section unless conditions `(I),` (3) and (4) of section two were complied with; and no such marriage shall be registered under this section if, during its continuance, either party has contracted a subsequent marriage.

Source: India Code