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Special Marriage Act,1954

Act No : 43


Section : Definitions.

2.Definitions.-In this Act, unless the context otherwise requires,- 4* * * * * (b) "degrees of prohibited relationship"-a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship. Explanation I.-Relationship includes,- (a)relationship by half or uterine blood as well as by full blood; (b) illegitimate blood relationship as well as legitimate; --------------------------------------------------------------------- 1 Brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965) and in Pondichery by Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963). 2 Subs. by Act 33 of 1969, s. 29, for "outside the said territories". 3 1st January, 1955, vide Notification No. S. R. O. 3606, dated 17-12- 1954, Gazette of India, Extraordinary, 1954, Pt. II, Sec. 3, p. 2463. 4 Cl. (a) omitted by Act 33 of 1969, s. 29. --------------------------------------------------------------------- 16 (c) relationship by adoption as well as by blood; and all terms of relationship in this Act shall be construed accordingly. Explanation II.-"Full blood" and "half blood"-two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives. Explanation III.-"Uterine blood"-two persons are said to be related to each other by uterine blood when they are descen- ded from a common ancestress but by different husbands. Explanation IV.-In Explanations II and III, "ancestor" includes the father and "ancestress" the mother. 1* * * * * * * * * (d) "district", in relation to a Marriage Officer, means the area for which he is appointed as such under sub-section (1) or sub-section (2) of section 3 ; 2[(e) "district court" means, in any area for which there is a city civil court, that court, and in any other area, the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act;] (f) "prescribed" means prescribed by rules made under this Act: 3*[(g) "State Government", in relation to a Union territory, means the administrator thereof.]


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