Schedule 1 of The Special Marriage Act, 1954
THE FIRST SCHEDULE.
THE FIRST SCHEDULE [See section 2(b) “Degrees of prohibited relationship”] PART I 1. Mother. 2. Father’s widow (step-mother). 3. Mother’s mother. 4. Mother’s father’s widow (step grand-mother). 5. Mother’s mother’s mother. 6. Mother’s mother’s father’s widow (step great grand-mother). 7. Mother’s father’s mother. 8. Mother’s father’s father’s widow (step great grand-mother). 9. Father’s mother. 10. Father’s father’s widow (step-grand mother). 11. Father’s mother’s mother. 12. Father’s mother’s father’s widow (step great grand-mother). 13. Father’s father’s mother. 14. Father’s father’s father’s widow (step great grand-mother). 15. Daughter. 16. Son’s widow. 17. Daughter’s daughter. 18. Daughter’s son’s widow. 19. Son’s daughter. 20. Son’s son’s widow. 21. Daughter’s daughter’s daughter. 22. Daughter’s daughter’s son’s widow. 23. Daughter’s son’s daughter. 24. Daughter’s son’s son’s widow. 25. Son’s daughter’s daughter. 26. Son’s daughter’s son’s widow. 27. Son’s son’s daughter. 28. Son’s son’s son’s widow. 29. Sister. 30. Sister’s daughter. 31. Brother’s daughter. 32. Mother’s sister. 33. Father’s sister. 34. Father’s brother’s daughter. 35. Father’s sister’s daughter. 36. Mother’s sister’s daughter. 37. Mother’s brother’s daughter. Explanation.―For the purposes of this Part, the expression “widow” includes a divorced wife. PART II 1. Father. 2. Mother’s husband (step-father). 3. Father’s father. 4. Father’s mother’s husband (step grand-father). 5. Father’s father’s father. 6. Father’s father’s mother’s husband (step great grand-father). 7. Father’s mother’s father. 8. Father’s mother’s mother’s husband (step great grand-father). 9. Mother’s father. 10. Mother’s mother’s husband (step grand-father). 11. Mother’s father’s father. 12. Mother’s father’s mother’s husband (step great grand-father). 13. Mother’s mother’s father. 14. Mother’s mother’s mother’s husband (step great grand-father). 15. Son. 16. Daughter’s husband. 17. Son’s son. 18. Son’s daughter’s husband. 19. Daughter’s son. 20. Daughter’s daughter’s husband. 21. Son’s son’s son. 22. Son’s son’s daughter’s husband. 23. Son’s daughter’s son. 24. Sen’s daughter’s daughter’s husband. 25. Daughter’s son’s son. 26. Daughter’s son’s daughter’s husband. 27. Daughter’s daughter’s son. 28. Daughter’s daughter’s daughter’s husband. 29. Brother. 30. Brother’s son. 31. Sister’s son. 32. Mother’s brother. 33. Father’s brother. 34. Father’s brother’s son. 35. Father’s sister’s son. 36. Mother’s sister’s son. 37. Mother’s brother’s son. Explanation.―For the purposes of this part, the expression “husband” includes a divorced husband.
Summary
- This schedule lists the specific relatives that a person is legally banned from marrying because they are too closely related.
- Part I lists thirty-seven categories of female relatives that a man is prohibited from marrying, such as his mother, sister, daughter, or aunt.
- Part II lists thirty-seven categories of male relatives that a woman is prohibited from marrying, such as her father, brother, son, or uncle.
- These prohibited categories include step-relatives, such as a step-mother or step-father, and grandmother or grandfather relations.
- For both lists, the terms "widow" and "husband" are specifically defined to include divorced spouses to prevent marriage with a former relative's ex.
Practical examples
FAQ
1. What does the First Schedule of the Special Marriage Act, 1954, define?
The First Schedule of the Special Marriage Act, 1954, lists the degrees of prohibited relationship, showing which relatives a person is legally forbidden to marry under the Act.
2. Does the First Schedule of the Special Marriage Act, 1954, apply to adoptive or step-relationships?
Yes, under the First Schedule of the Special Marriage Act, 1954, step-parents, step-grandparents, and other step-relatives are explicitly listed as prohibited relationships.
3. How many categories of prohibited relationships are listed for a man and a woman in the First Schedule of the Special Marriage Act, 1954?
The First Schedule of the Special Marriage Act, 1954, lists exactly thirty-seven categories of prohibited female relatives for a man in Part I, and thirty-seven categories of prohibited male relatives for a woman in Part II.
4. Does a divorced wife count as a "widow" for the prohibited relationships list in the First Schedule of the Special Marriage Act, 1954?
Yes, the Explanation to Part I of the First Schedule of the Special Marriage Act, 1954, states that the term "widow" includes a divorced wife.
5. Does a divorced husband count as a "husband" for prohibited relationships under the First Schedule of the Special Marriage Act, 1954?
Yes, the Explanation to Part II of the First Schedule of the Special Marriage Act, 1954, states that the term "husband" includes a divorced husband.
Test yourself
1.Under the First Schedule of the Special Marriage Act, 1954, which of the following is listed as a prohibited relationship for a man in Part I?
2.Under the First Schedule of the Special Marriage Act, 1954, how does the law treat a divorced wife when determining prohibited relationships for a man?
3.Under the First Schedule of the Special Marriage Act, 1954, which category of male relative is a woman prohibited from marrying under Part II?
4.Under Section 2(b) and the First Schedule of the Special Marriage Act, 1954, can a man legally marry his mother's sister's daughter?