Section 21C HMA: Documentary evidence

Hindu Marriage Act, 1955

Section 21C HMA at a Glance

At the trial of a petition under the Hindu Marriage Act, 1955, Section 21C HMA bars a court from excluding any document from evidence because the document is not duly stamped or registered, overriding any contrary law.

Section 21C HMA Bare Act Text

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.

Amendments to this section
  • Ins. by Act 68 of 1976, s. 14 (w.e.f. 27-5-1976).

Section 21C HMA in Simple Words

Section 21C HMA removes stamping and registration objections against documents offered at the trial of a petition under the Hindu Marriage Act, 1955. Under Section 21C HMA, no document is inadmissible in evidence (meaning barred from being received as evidence by the court) in any proceeding at the trial of an HMA petition on the ground that the document is not duly stamped or is not registered.

Section 21C HMA opens with an overriding clause that prevails over anything to the contrary in any other enactment. Even where another statute bars unstamped or unregistered documents from being received as evidence, a court trying an HMA petition cannot reject the document on the ground of missing stamp or registration. Act 68 of 1976 (section 14) inserted Section 21C HMA with effect from 27 May 1976.

When Section 21C HMA Applies

  • A proceeding is taking place at the trial of a petition under the Hindu Marriage Act, 1955.
  • A party offers a document in evidence during that proceeding.
  • The document is not duly stamped, or is not registered, or lacks both.
  • Despite any contrary rule in any other enactment, the document is not inadmissible on that ground.

Example of Section 21C HMA

Venkatesh and Swati are spouses in a divorce petition under the HMA being tried before a court in Lucknow. During the trial, Swati submits a written family arrangement document in evidence, and Venkatesh objects that the document cannot be received because the document is neither duly stamped nor registered. Under Section 21C HMA, Venkatesh's objection fails despite any contrary rule in any other enactment. The court cannot hold the document inadmissible at the trial of the HMA petition on the ground that the document is not duly stamped or registered.

FAQs on Section 21C HMA

What is Section 21C HMA?▼

Section 21C HMA is a rule on documentary evidence in the Hindu Marriage Act, 1955. Section 21C HMA states that no document is inadmissible in evidence in any proceeding at the trial of an HMA petition on the ground that the document is not duly stamped or registered, overriding any contrary enactment.

Can an unstamped document be excluded for lack of stamp at the trial of an HMA petition?▼

No. Under Section 21C HMA, a document cannot be held inadmissible in evidence in any proceeding at the trial of a petition under the HMA on the ground that the document is not duly stamped.

Does Section 21C HMA also cover unregistered documents?▼

Yes. Section 21C HMA prevents a document from being held inadmissible in evidence at the trial of an HMA petition on the ground that the document is not registered, notwithstanding any enactment to the contrary.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Hindu Marriage Act, 1955 ·