S. 21C of Hindu Marriage Act
Kumar Krishan Agarwal Advocate
(Querist) 10 June 2010
This query is : Resolved
1. I will have a marriage of my relative and for which I designed a document on Rs 10 Non judicial Stamp paper for the solemnization of marriage Under S.7 Of HMAct although the marriage will be solemnized in the Hindu Temple by the pandits and after that I will take the sign of all the parties , pandits and spouse sign on that designed document.
2. There is a words in the sec 21C used that
"duly stamped or duly registered"
What does it mean ?
although I think that:
Registration under Registration Act 1908
Or
duly stamped means by the Notary Counsel is sufficient.
3. What the legal requisite I will fulfill so that the executed document will be keep safe for future complications if any used before court?
Guest
(Expert) 10 June 2010
My dear Mr. K.K. Agarwal,
Please do not do it that way. You take photographs of marriage ceremony and after the marriage take bride and bride-groom to the marriage Registrar along with two/three witnesses and get their marriage registered on the basis of the photographs, wedding card etc. as provided in Section 8 of the Hindu Marriage Act. Immediately within 24 hours, you get marriage registration certificate and it will do for all the practical purposes.
The purpose of Section 21-C of the Act is quite different. As per the registraation Act, there are certain documents as described in Section 17 of that Act, which require compulsory registration and failing of that registration, those documents cannot be produced in evidence and the documents with insufficient stamp fee, if produced, be impounded. In the trials under HMA, that provision cannot be applied and any document which required to be registered and not registered can be produced and similarly the document with deficient stamp fee also can be produced without getting it impounded.
But for your purpose, employing Section 21-C is not required.
