VALIDITY OF SELF-RESPECT MARRIAGES UNDER THE HINDU MARRIAGE ACT: RECENT SUPREME COURT RULING
In a recent landmark decision, the Supreme Court has affirmed the validity of ‘self-respect’ marriages under the Hindu Marriage Act, 1955 ( Case :Balakrishna Pandian v. The Superintendent of Police). This ruling brings clarity to a long-debated issue, overturning the previous judgement of the Madras High Court. Now, ‘self-respect’ marriages, also known as ‘suyamariyathai’ marriages, can be solemnised without the need for public ceremonies or traditional declarations (Case: Ilavarasan v. Superintendent of Police).
The Madras High Court had previously expressed its disapproval of lawyers conducting marriages in their offices under Section 7-A of the Hindu Marriage Act. It emphasised the importance of physical presence before the marriage registrar and insisted that such marriages must be registered under the Tamil Nadu Registration of Marriages Act, 2009.
The recent Supreme Court ruling has effectively reversed this decision. The case that led to this ruling involved a man seeking assistance from advocates A Velan and Mrityunjay Pathak to challenge the High Court’s decision regarding his wife’s forced removal. The ruling now validates marriages performed in a simple ceremony, where couples can exchange garlands, rings, or tie a thali or mangal sutra without the need for a priest.
The Hindu Marriage (Tamil Nadu Amendment) Act, 1967, introduced Section 7-A specifically for the state of Tamil Nadu. This amendment aimed to promote self-respect and recognition of secular marriages, offering legal acknowledgment to marriages between two individuals identifying as Hindus. The couple can declare themselves as husband and wife in a language they understand, making the ceremony accessible and personal.
This amendment was a significant departure from traditional Hindu marriage rituals, eliminating the need for Brahmin priests, holy fire, and the seven steps. Instead, couples can choose to celebrate their union in their unique way, in front of their loved ones or anyone they choose.
The recent Supreme Court ruling reinforces the importance of personal choices and preferences in solemnising a marriage. It eliminates the requirement for traditional ceremonies, making ‘self-respect’ marriages an alternative for those with differing beliefs or those who wish to celebrate their union in a non-traditional manner. This ruling not only upholds individual autonomy and freedom but also promotes inclusivity and diversity in marriage practices in Tamil Nadu.
In summary, the Supreme Court’s recent ruling has significantly advanced the recognition and validation of ‘self-respect’ marriages. Couples can now choose to solemnise their union in a way that aligns with their personal values and preferences, without the constraints of traditional rituals or priest involvement. This ruling marks a pivotal step towards more inclusive and diverse marriage practices in Tamil Nadu.
REFERENCES :
- https://indiankanoon.org/doc/24786693/ – INDIAN KANOON
- https://main.sci.gov.in/supremecourt/2023/19914/19914_2023_5_12_46489_Judgement_28-Aug-2023.pdf – SUPREME COURT OF INDIA
- https://indianexpress.com/article/explained/explained-law/self-respect-marriages-supreme-court-8914350/ – THE INDIAN EXPRESS
