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Authored by - Ambika Swain (Intern at Legal Soch Foundation)
Meta Description - The Supreme Court of India validated the marriage under Section 7A of the Hindu Marriage Act and overruled the decisions taken in the High Court of Madras. There are two different cases that have declared the self-marriage system, or Suyammariyathai," invalid. These cases are also discussed here.
Keywords - Marriage, Supreme Court, High Court, Advocate, Hindu Marriage Act
Section 7A of the Hindu Marriage Act states about the self-marriage system, or Suyammariyathai," which allows two Hindus to get married without adhering to Hindu marriage rituals. Rather, they can go for an announcement about the marriage before their friends and relatives as well.
In the case of S. Balakrishnan Pandiyan vs. Inspector of Police, it was held that marriages performed by advocates will not be considered legitimate under the Hindu Marriage Act. This judgement was passed in the Madras High Court. It was also told that advocates may choose to solemnise the marriages in their personal capacity by playing the role of witnesses, but not in their professional capacity, as lawyers’ work is to give legal advice to their clients and represent the general public in the court of law.
After the verdict in S. Balakrishnan Pandiyan, it was passed that the certificate issued by an advocate is invalid, and the Bar Council will take strict disciplinary action against the advocates who issue such certificates in the case of Ilavarsan vs. the Superintendent of Police and Others.
The petitioner then went to the Supreme Court of India to seek a review of the decision, where the Supreme Court denied the judgement given in the High Court of Madras in S. Balakrishnan’s case and Ilavarsan’s case. Even if the people don’t follow the Hindu marriage rituals or call a priest for their marriage, the Supreme Court still validates the marriage in accordance with Section 7A of the Hindu Marriage Act, upholds the rights of individuals to choose their partners, and overrules the judgement of the Madras High Court.
The court also looks into the interests of the couple who intend to marry but decide not to make it a public declaration. The court allows this reason to be justified because of familial opposition, legal protection from the society that doesn’t allow those couples to get married in a secretive manner, forceful separation, risking their lives, legal protection, and safeguarding the couple’s safety and privacy.
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