THE FIRST SCHEDULE: Degrees of Prohibited Relationship (Section 2(b))
This Schedule defines who a man and woman cannot marry because they are too closely related by blood or by marriage. This restriction is crucial and is one of the mandatory conditions for both a Special Marriage (Section 4(d)) and a Marriage Registration (Section 15(e)).
Part I: Persons a Man Cannot Marry
This list specifies the relationships a man cannot legally marry into. The core principle is that a man cannot marry his direct female ancestors, his descendants’ spouses, or his close female collateral relatives.
- Direct Female Ascendants: This covers all female ancestors. You cannot marry your mother, your grandmothers (maternal and paternal), your great-grandmothers, or anyone who married into those roles (like a step-mother or step-grandmother).
- Real-world example: You cannot marry your father’s mother (paternal grandmother) or your mother’s father’s wife (step-grandmother).
- Direct Female Descendants & their Spouses: This covers your children, grandchildren, great-grandchildren, and the widows of your sons, grandsons, and great-grandsons.
- Real-world example: You cannot marry your son’s widow (your daughter-in-law, even after your son’s death) or your daughter’s daughter’s daughter.
- Close Collateral Relatives: This includes female relatives related “sideways” through siblings, aunts, and uncles. Specifically, your sister, nieces, maternal aunt (mother’s sister), and paternal aunt (father’s sister), and their daughters.
- Real-world example: You cannot marry your sister, your brother’s daughter (niece), or your father’s sister (paternal aunt).
- Crucial Explanation: For the purpose of this rule, the term “widow” includes a divorced wife. The prohibition still stands even if the person who creates the relationship is no longer married to your ancestor or descendant. For instance, if your son divorces his wife, you still cannot marry your son’s divorced wife.
Part II: Persons a Woman Cannot Marry
This list mirrors Part I and prohibits a woman from marrying her direct male ancestors, her descendants’ husbands, and her close male collateral relatives.
- Direct Male Ascendants: This covers all male ancestors. You cannot marry your father, your grandfathers (maternal and paternal), your great-grandfathers, or anyone who married into those roles (step-fathers, step-grandfathers, etc.).
- Real-world example: You cannot marry your mother’s father (maternal grandfather) or your father’s mother’s husband (step-grandfather).
- Direct Male Descendants & their Husbands: This covers your children, grandchildren, great-grandchildren, and the husbands of your daughters, granddaughters, and great-granddaughters.
- Real-world example: You cannot marry your daughter’s husband (your son-in-law) or your son’s son.
- Close Collateral Relatives: This includes male relatives related “sideways.” Specifically, your brother, nephews, maternal uncle (mother’s brother), and paternal uncle (father’s brother), and their sons.
- Real-world example: You cannot marry your brother, your sister’s son (nephew), or your mother’s brother (maternal uncle).
- Crucial Explanation: Similarly, the term “husband” includes a divorced husband. If your daughter divorces her husband, you still cannot marry your daughter’s divorced husband.
Note on Prohibited Relationships: It’s vital to remember the exception mentioned in Section 4(d)—if a valid custom governing at least one of the parties permits a marriage between them (e.g., a specific community tradition allowing marriage between first cousins), the Marriage Officer may still solemnize the marriage.
THE REMAINING SCHEDULES: The Official Forms
The following three Schedules contain the exact, mandatory forms that must be used by all parties and the Marriage Officer throughout the marriage and registration process.
THE SECOND SCHEDULE (Notice of Intended Marriage – See Section 5)
This is the formal, written application you must submit to the Marriage Officer to announce your plan to marry.
- Key Purpose: To formally notify the government and the public of the intended marriage.
- Real-world Use: The couple (A.B. and C.D.) fills out this form, providing their personal details, condition (unmarried/divorcee/widow), age, occupation, and proof of residence for the preceding 30 days.
THE THIRD SCHEDULE (Declaration by the Bridegroom and Bride – See Section 11)
This is the solemn, pre-ceremony declaration that must be signed just before the wedding ceremony takes place.
- Key Purpose: For the parties to legally affirm, under penalty of perjury (Section 45), that they meet all the legal conditions for marriage.
- Real-world Use: The man and woman sign this document in the presence of the Marriage Officer and three witnesses, swearing that they meet the minimum age, are not prohibited relatives, and are legally free to marry. The three witnesses also sign to attest that there is “no lawful impediment” they are aware of.
THE FOURTH SCHEDULE (Certificate of Marriage – See Section 13)
This is the central official document proving the marriage has taken place under this Act.
- Key Purpose: To create the official record of the wedding. Section 13(2) states that the entry in the book (which is this form) is conclusive evidence that the marriage was solemnized and all formalities were met.
- Real-world Use: After the vows are exchanged, the Marriage Officer immediately fills out this form in the Marriage Certificate Book. It is then signed by the couple, the three witnesses, and the officer.
THE FIFTH SCHEDULE (Certificate of Marriage Celebrated in Other Forms – See Section 16)
This is the special form used to register a marriage that was already performed under a religious or customary ceremony.
- Key Purpose: To give an existing customary marriage the legal recognition and benefits of the Special Marriage Act.
- Real-world Use: A couple (e.g., a couple married under traditional Hindu, Christian, or Muslim rites) uses this Schedule. By signing it, they declare that a ceremony already took place, they have been living together as husband and wife ever since, and they wish to have their marriage formally registered under the SMA.