The Supreme Court on August 28 observed that there is no blanket ban on advocates solemnising “self-respect” marriages under Section 7(A) of the Hindu Marriage Act, 1955.
Key points
- The Supreme Court Bench set aside a 2014 ruling of the Madras High Court holding that marriages performed by the advocates are not valid and that “suyamariyathai” or “self-respect” marriages cannot be solemnised in secrecy.
- The apex court said that lawyers who are not acting in the capacity of the officer of the court, but in other capacities like that of a friend or relative or social activist can perform marriages under Section 7-A of HMA. “Advocates have many capacities.
- The court went on to cite a bundle of top court judgments that acknowledged the right to choose a life partner as a fundamental right under Article 21
- On January 17, 1968, the Hindu Marriage (Tamil Nadu Amendment) Act, 1967, received the President’s approval and became the law.
- This amendment modified the Hindu Marriage Act of 1955, by inserting Section 7-A into it. However, it extended only to the state of Tamil Nadu.
- Section 7-A deals with the special provision on “self-respect and secular marriages”.
- It legally recognises “any marriage between any two Hindus”, which can be referred to as “suyamariyathai” or “seerthiruththa marriage” or by any other name.
- Such marriages are solemnised in the presence of relatives, friends, or other persons, with parties declaring each other to be husband or wife, in a language understood by them.
- Further, each party to the marriage garlands the other or puts a ring on the other’s finger or ties a “thali” or mangal sutra.
- However, such marriages are also required to be registered as per the law.
- The rationale behind the Tamil Nadu government amending the Hindu Marriage Act, 1955, to include “suyamariyathai” or “self-respect” marriages, was to radically simplify weddings by shunning the need for mandatory Brahmin priests, holy fire and saptapadi (seven steps).
