Home  /  Special Marriage Act  /  Section 48

Section 48: Transmission of copies of entries in marriage records

Special Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1954
Section 47 All 51 Sections of Special Marriage Act Section 49

Legal Commentary & Landmark Judgments: Section 48

Section 48 mandates the periodic transmission of copies of all entries made in Marriage Certificate Books by Marriage Officers to the Registrar-General of Births, Deaths, and Marriages.

  • Administrative Transmission Mandate: Every Marriage Officer in a State shall send to the Registrar-General of Births, Deaths, and Marriages of that State, at prescribed intervals, a true copy of all entries made in the Marriage Certificate Book.
  • Central Archival System: Ensures central archival preservation of civil marriage records across the State to prevent loss or tampering of local district records.
  • Diplomatic Transmission Abroad: Marriage Officers abroad transmit copies to the Central Government for registration in central foreign marriage archives.
Key Landmark Precedents:
  • Seema v. Ashwani Kumar (2006) 2 SCC 578: The Supreme Court commended central archival mechanisms like Section 48 as vital institutional infrastructure to prevent fraudulent duplicate marriages across districts.
  • State of Punjab v. Satnam Singh (2001) 3 SCC 451: Affirmed that official statutory transmission of registers creates a presumption of regularity under Section 114 of the Evidence Act.
Courtroom Practice & Strategic Litigation Guidance:

If a local district Marriage Officer's record has been destroyed, lost in transit, or challenged as a forgery, summon the central records from the Registrar-General of Births, Deaths, and Marriages maintained pursuant to Section 48.

Section 47 All 51 Sections of Special Marriage Act Section 49