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Section 47: Marriage Certificate Book to be open to inspection

Special Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1954
Section 46 All 51 Sections of Special Marriage Act Section 48

Legal Commentary & Landmark Judgments: Section 47

Section 47 mandates that Marriage Certificate Books kept under the Special Marriage Act shall be open for public inspection and admissible as conclusive evidence of the statements contained therein.

  • Public Inspection Right: The Marriage Certificate Book shall at all reasonable times be open for inspection, and certified copies of entries shall be given on payment of the prescribed fee.
  • Admissibility as Evidence: Certified copies of entries signed and sealed by the Marriage Officer shall be admissible as evidence in all courts of the celebration of the marriage without further proof.
  • Public Record Status: The Marriage Certificate Book is an official public document within the meaning of Section 74 of the Evidence Act / Section 74 of BSA, 2023.
Key Landmark Precedents:
  • Seema v. Ashwani Kumar (2006) 2 SCC 578: The Supreme Court highlighted that statutory public registers under Section 47 provide unimpeachable, conclusive proof of marriage, safeguarding spouses in inheritance and maintenance litigation.
  • B.S. Joshi v. State of Haryana (2003) 4 SCC 675: Affirmed that certified copies issued under Section 47 dispense with the requirement of proving customary ceremonies in courts.
Courtroom Practice & Strategic Litigation Guidance:

In maintenance, domestic violence, or succession proceedings, obtaining a certified copy of the entry under Section 47 provides self-authenticating, conclusive evidence of marriage, rendering unnecessary the deposition of priests or wedding photographers.

Section 46 All 51 Sections of Special Marriage Act Section 48