Code: Section 21C Hindu Marriage Act
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 of Section 21C of the Hindu Marriage Act
Section 21C of the Hindu Marriage Act, 1955 provides a special procedural safeguard regarding documentary evidence. It overrides any other law and ensures that documents submitted in a matrimonial proceeding cannot be rejected solely on the grounds that they are:
- Not properly stamped under the Indian Stamp Act, 1899.
- Not registered under the Registration Act, 1908.
This provision was introduced to prevent technical objections from derailing or delaying the fair trial of matrimonial disputes. It ensures that the focus remains on the substantive issues rather than procedural formalities.
Key Highlights:
- Applies specifically to trials under the Hindu Marriage Act.
- Makes unstamped or unregistered documents admissible in evidence.
- Overrides conflicting provisions in any other legislation.
- Helps avoid delays due to objections on technical grounds.
Illustration
Example 1: Unregistered Marriage Agreement
A spouse presents a written agreement about household responsibilities during the trial of a divorce petition. The document is unregistered and unstamped. Under normal civil procedure, such a document might be objected to. However, Section 21C ensures that it is still admissible in the matrimonial case.
Example 2: Handwritten Letter Without Stamp
In a case for judicial separation, a wife presents a handwritten letter from her husband as evidence of cruelty. Even though the letter is unstamped and unregistered, the court can admit it under Section 21C.
Common Questions and Answers on Section 21C
1. What is the purpose of Section 21C?
It ensures that relevant documents cannot be rejected on procedural technicalities such as lack of stamp duty or registration in matrimonial proceedings.
2. Does Section 21C override other laws?
Yes. It begins with “Notwithstanding anything in any enactment to the contrary,” which means it prevails over conflicting provisions in other laws like the Indian Evidence Act or Stamp Act.
3. Can a party still object to the contents of a document?
Yes. While the document cannot be excluded for being unstamped or unregistered, its contents can still be challenged based on relevance, authenticity, or interpretation.
4. Is this provision applicable in other civil cases?
No. Section 21C applies only to proceedings under the Hindu Marriage Act. In other civil matters, documents must comply with stamp and registration laws.
5. Does this mean any document can be used in matrimonial trials?
Not exactly. The document must still be relevant to the case. Section 21C simply removes stamp and registration compliance as barriers to admissibility.
Conclusion
Section 21C of the Hindu Marriage Act is a vital procedural provision that supports the just and fair disposal of matrimonial disputes by allowing the court to focus on the content and relevance of documents, rather than procedural defects like stamping or registration. It reflects a progressive approach to family law by prioritizing substance over form.
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