New Delhi: The Supreme Court Monday said that a marriage can be performed in the advocates’ chamber by either putting a ring upon the finger of the other person or by garlanding each other as it upheld the fundamental right of a person to choose a life partner.
A bench comprising justices S Ravindra Bhat and Aravind Kumar set aside the Madras High Court judgment, which declared a marriage would not be valid if conducted in secrecy with a few strangers around. The high court had cited the requirement under Sections 7 & 7-A of the Hindu Marriage Act, for a valid marriage.
The top court noted that any of these ceremonies, namely, garlanding each other, or putting a ring upon any finger of the other or tying a thali would be sufficient to complete a valid marriage. The apex court allowed an appeal challenging the order passed by the Madras High Court on May 5, 2023, by which disciplinary action was initiated against the advocates, under whose aegis the marriage allegedly by a minor girl was solemnised.
The apex court said lawyers who are not acting as an officer of the court, but in other capacities like that of a friend/relative/social activist can perform the marriage under Section 7(A) of the Hindu Marriage Act (Tamil Nadu State Amendment Act).
The apex court said "Section 7-A applies to any marriage between two Hindus solemnised in the presence of relatives, friends or other persons. The main thrust of this provision is that the presence of a priest is not necessary for the performance of a valid marriage”.
Advocate A Velan, familiar with the development in the case, said that the apex court has overruled the dictum of the Madras High Court in Balakrishna Pandian v. The Superintendent of Police (2014). In this case, the high court held that marriages performed by the advocates are not valid and that Suyammariyathai marriage (self-respect marriage) cannot be solemnised in secrecy.
The high court, in the 2014 judgment, had said “We are very clear in our mind that even the protagonists of the Suyammariyathai/Seerthiruththa form of marriage did not visualize marriages being solemnised in secrecy. The very idea of performing marriages with celebration is to publicly declare the marital status of the parties. Even Thanthai Periyar used to conduct Suyamariyathai form of marriages publicly so that the world recognised the status of the couples.
The high court added, “ Hence, celebration of marriage is not antithetical to Suyammariyathai/Seerthiruththa form of marriage. Therefore, we are of the opinion that a marriage conducted in secrecy with few strangers around, be it Suyammariyathai form, will not amount to solemnisation, as required under Section 7 & 7-A of the Hindu Marriage Act”.
