Hindu Marriage Act Section 21C: Documentary Evidence
Exact Code:
21C. Documentary evidence.—Notwithstanding anything in any
enactment to the contrary, no document shall be inadmissible in evidence in any proceeding at
the trial of a petition under this Act on the ground that it is not duly stamped or registered.
Explanation:
This section of the Hindu Marriage Act deals with the admissibility of documents in court
proceedings related to divorce or other marital issues. It essentially states that no
document can be rejected as evidence solely on the basis of it not being duly stamped or
registered.
Illustration:
Let’s say a couple is going through a divorce. The wife wants to present a letter written by
her husband as evidence of his infidelity. Even if this letter is not stamped or registered, it
can still be admitted as evidence in the court proceeding under this section.
Common Questions and Answers:
-
Q: Does this section apply to all types of documents?
A: Yes, this section applies to all documents, regardless of their nature,
which are relevant to the case. -
Q: What happens if a document is not properly stamped or registered?
A: It can still be admitted as evidence, but the court may consider the lack of
proper stamping or registration when assessing the document’s weight and credibility. -
Q: Does this section override other laws related to stamping and registration?
A: Yes, this section specifically states that it overrides any other law that
would make a document inadmissible on the grounds of lack of proper stamping or registration.