Code: Section 40C of The Special Marriage Act (SMA)
40C. Documentary evidence
No document shall be inadmissible in evidence during a trial under this Act merely because it is not duly stamped or registered, despite any contrary enactment.
Explanation of Section 40C
Section 40C of The Special Marriage Act (SMA) ensures that documents used in trials related to petitions under this Act remain admissible. Even if a document isn’t stamped or registered as other laws might require, it will still be accepted as evidence. This provision removes technical barriers that could delay or block legal proceedings.
Illustration
Example 1: Admissibility of Documents in Court
A couple files a petition under The Special Marriage Act (SMA) and submits an unregistered document related to their marriage. According to Section 40C, the court will accept this document despite the lack of registration or stamping. This rule ensures the case proceeds without unnecessary delays.
Example 2: Overriding Legal Technicalities
A property agreement, which is not registered or stamped according to property laws, is presented as evidence in a case under The Special Marriage Act. Thanks to Section 40C, the court accepts the document even though it doesn’t meet the usual legal requirements.
Common Questions and Answers on Section 40C
1. Does Section 40C allow any document to be presented in court if it’s not stamped or registered?
- Answer: Yes, Section 40C ensures that a document related to a petition under The Special Marriage Act can be used in court even if it isn’t stamped or registered.
2. Are there any restrictions on the documents presented under Section 40C?
- Answer: No, as long as the document is related to the case under The Special Marriage Act, it is admissible, regardless of stamping or registration issues.
3. Does this section apply to all documents under Indian law?
- Answer: No, Section 40C only applies to proceedings under The Special Marriage Act and does not affect other areas of law.
Conclusion
Section 40C of The Special Marriage Act makes it easier for parties to present documents in court. By allowing documents that aren’t stamped or registered, it removes procedural obstacles that might delay or prevent a case from moving forward. This provision ensures fairness and efficiency in trials related to marriage petitions.
