Section 51 of The Special Marriage Act, 1954
- (1)The Special Marriage Act, 1872 (3 of 1872), and any law corresponding to the Special Marriage Act, 1872 (3 of 1872), in force in any Part B State immediately before the commencement of this Act are hereby repealed.
- (2)Notwithstanding such repeal,--
- (a)all marriages duly solemnized under the Special Marriage Act, 1872 (3 of 1872), or any such corresponding law shall be deemed to have been solemnized under this Act;
- (b)all suits and proceedings in causes and matters matrimonial which, when this Act comes into operation, are pending in any court, shall be dealt with and decided by such court, so far as may be, as if they had been originally instituted therein under this Act.
- (3)The provisions of sub-section (2) shall be without prejudice to the provisions contained in section 6 of the General Clauses Act, 1897 (10 of 1897), which shall also apply to the repeal of the corresponding law as if such corresponding law had been an enactment.
Summary
- This section officially repeals the older Special Marriage Act of 1872 and any similar laws in Part B States.
- Any marriages that were properly performed under the old 1872 Act are treated as if they were performed under this current 1954 Act.
- All active court cases and legal proceedings regarding marriages under the old law are kept alive and will be decided using this new Act.
- The cancellation of the old laws does not damage any rights or liabilities established under Section 6 of the General Clauses Act of 1897.
Practical examples
FAQ
1. What happened to marriages performed under the Special Marriage Act of 1872 after the 1954 Act was passed?
Under Section 51 of the Special Marriage Act, 1954, all marriages duly performed under the old 1872 Act are considered to have been performed under the 1954 Act.
2. How does the Special Marriage Act, 1954, handle court cases that were pending when it came into effect?
Under Section 51 of the Special Marriage Act, 1954, all pending matrimonial suits and proceedings are continued and decided by the court as if they had been started under the 1954 Act.
3. What older laws were officially cancelled by Section 51 of the Special Marriage Act, 1954?
Under Section 51 of the Special Marriage Act, 1954, the Special Marriage Act of 1872 and any corresponding marriage laws in Part B States were repealed.
4. Does the repeal in Section 51 of the Special Marriage Act, 1954, affect general savings rules?
Under Section 51 of the Special Marriage Act, 1954, the repeal is subject to Section 6 of the General Clauses Act, 1897, which preserves rights and penalties.
Test yourself
Q1.Under Section 51 of the Special Marriage Act, 1954, what is the legal status of marriages performed under the Special Marriage Act, 1872?
Q2.Under Section 51 of the Special Marriage Act, 1954, how should a court deal with a matrimonial suit that was pending when the 1954 Act commenced?
Q3.Under Section 51 of the Special Marriage Act, 1954, which general law's provisions on repeal are preserved?
Q4.Under Section 51 of the Special Marriage Act, 1954, what happened to corresponding local laws in Part B States?