Special Marriage Act, 1954

(1) Any marriage solemnized under this Act shall be null and void ¹[and may, on a petition presented by either party thereto against the other party, be so declared] by a decree of nullity if―

• (i) any of the conditions specified in clauses (a), (b), (c) and (d) of section 4 has not been fulfilled; or
• (ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.

(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clauses (a) to (e) of section 15:

Provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the district court has become final.