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Report No. 59

8.16A. Section 21C (New Documentary evidence).-

There is one other matter in respect of which a provision can be usefully borrowed from the election law. The Representation of the People Act has the following provison1 as to documentary evidence:-

"93. Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered."

Since, in matrimonial proceedings, the court is required to play a role different from that in the trial of an ordinary civil suit, such a provision would be useful in the Hindu Marriage Act; it would facilitate substantial justice being done between the parties by ascertainment of the truth.

1. Section 93, Representation of the People Act, 1951.

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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