Code: Section 47, Special Marriage Act, 1954
“(1) The Marriage Certificate Book kept under this Act shall at all reasonable times be open for inspection and shall be admissible as evidence of the statements therein contained.
(2) Certified extracts from the Marriage Certificate Book shall, on application, be given by the Marriage Officer to the applicant on payment by him of the prescribed fee.”
Explanation of Section 47 – Special Marriage Act
Section 47 of the Special Marriage Act, 1954 ensures transparency and public access to marriage records maintained under the Act. It mandates that the Marriage Certificate Book—where all legally solemnized marriages under the Act are recorded—must be accessible for inspection at reasonable times. Moreover, it allows any individual to obtain certified copies (extracts) of marriage entries by applying to the Marriage Officer and paying the prescribed fee.
This section promotes transparency in civil marriages and ensures that marriage records are legally admissible in courts and can be referenced for various administrative or legal purposes.
Key Provisions
- The Marriage Certificate Book is a public document and can be inspected at reasonable times.
- Entries in the book are admissible as evidence in legal proceedings.
- Certified extracts can be obtained by:
- Submitting a formal application to the Marriage Officer.
- Paying the prescribed fee.
Illustration
Example 1: Use in Legal Proceedings
Ravi and Neha got married under the Special Marriage Act. Later, Neha needed to prove the marriage in a property dispute. She obtained a certified extract from the Marriage Certificate Book, which was accepted as valid evidence by the court.
Example 2: Family Research or Official Record
An individual conducting family history research wants to verify whether their parents were married under the Special Marriage Act. They can inspect the Marriage Certificate Book or request a certified copy of the record from the Marriage Officer.
Common Questions & Answers on Section 47 SMA
1. Who can inspect the Marriage Certificate Book?
Any person can inspect the Marriage Certificate Book during reasonable office hours. It is a public record maintained for transparency.
2. Is the certificate admissible in court?
Yes. Section 47 explicitly states that the Marriage Certificate Book is admissible as evidence of the facts stated therein.
3. How can one obtain a certified copy?
A certified extract can be requested from the Marriage Officer by submitting an application and paying the government-prescribed fee.
4. What is the purpose of keeping the book open for inspection?
It ensures transparency, prevents fraudulent entries, and enables legal verification of marriages solemnized under the Act.
Conclusion
Section 47 of the Special Marriage Act is a vital provision that promotes accountability, legal certainty, and public trust in the marriage registration system. By allowing public inspection and certified copies of marriage records, the law upholds the transparency and evidentiary value of civil marriages.
For more legal explanations, guides, and resources on marriage law in India, visit ApniLaw.
