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Which of the following statements are incorrect regarding the Special Marriage Act, 1954 A. A marriage…

Each statement reflects the Special Marriage Act, 1954: impotence at marriage and at suit makes the marriage void (s.24(1)(ii)), the ages are 21 and 18 (s.4(c)),…

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Which of the following statements are incorrect regarding the Special Marriage Act, 1954
A. A marriage shall be null and void if one of the parties to the marriage is impotent at the time of marriage and at the time of institution of suit
B. One of the conditions for marrying under the Special Marriage Act, 1954 is that the male must have completed the age of 21 years and the female the age of 18 years
C. Any marriage celebrated in other forms may be registered under the Special Marriage Act, 1954 and both the parties must have completed 21 years of age at the time of registration
D. A divorce petition may be filed if the respondent is undergoing a sentence of imprisonment for seven years or more for an offence under IPC

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Answer and explanation

Correct answer B

Each statement reflects the Special Marriage Act, 1954: impotence at marriage and at suit makes the marriage void (s.24(1)(ii)), the ages are 21 and 18 (s.4(c)), registration of other marriages requires both parties to be 21 (s.15(c)), and a sentence of seven years or more for an offence under the IPC is a divorce ground (s.27(1)(c)). So the answer is "None of the statements is incorrect".

Current law: the Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024; section 27(1)(c) itself still refers to an offence as defined in the IPC.

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