Note4Students
From UPSC perspective, the following things are important :
Prelims level: Self Respect Marriages
Mains level: Read the attached story
Central Idea
- The recent Supreme Court ruling on ‘self-respect’ marriages under Section 7(A) of the Hindu Marriage Act, 1955 has clarified the legal standing of these marriages.
- The court’s decision has significant implications for the validity and recognition of such unions, particularly in the state of Tamil Nadu.
Self-respect Marriages
- Amendment: The Hindu Marriage (Tamil Nadu Amendment) Act, 1967 introduced Section 7-A into the Hindu Marriage Act, 1955, applicable solely in Tamil Nadu.
- Recognition of ‘Self-Respect’ Marriages: Section 7-A recognizes and legalizes ‘self-respect’ or ‘suyamariyathai’ marriages, allowing them to be solemnized without the need for traditional rituals or priests.
- Ceremony Description: Such marriages are performed in the presence of relatives, friends, or other individuals, with couples declaring each other as spouses in a language understood by them. Exchange of garlands, rings, or tying a ‘thali’ (mangal sutra) is required. Registration remains obligatory.
Legal Controversy
- Madras High Court Ruling (2014): A 2014 Madras High Court ruling declared marriages solemnized by advocates as invalid, asserting that ‘self-respect’ marriages must not be secretive and should be celebrated publicly.
- Current Supreme Court Ruling: The recent Supreme Court ruling, passed by Justices S Ravindra Bhat and Arvind Kumar, overruled the 2014 Madras High Court decision.
Supreme Court’s Interpretation and Decision
- The Supreme Court clarified that there is no blanket ban on advocates solemnizing ‘self-respect’ marriages under Section 7(A) of the Hindu Marriage Act.
- The court held that ‘self-respect’ marriages can indeed be solemnized and recognized, and the 2014 Madras High Court ruling was set aside.
- The ruling was delivered in response to a petition filed by Ilavarasan, who sought recognition of his ‘self-respect’ marriage and the release of his wife from her parents’ custody.
- The Supreme Court’s decision is based on the interpretation of Section 7(A) and its application in the context of ‘self-respect’ marriages.
Precedents and Past Rulings
- In the case of Nagalingam vs. Sivagami (2001), the Supreme Court had already recognized the validity of ‘self-respect’ marriages under Section 7(A) of the Hindu Marriage Act.
- The court emphasized that the presence of a priest is not obligatory for a valid marriage, and parties can enter into a marriage with the participation of relatives, friends, or other individuals.
Conclusion
- The recent Supreme Court ruling has resolved the ambiguity surrounding the legality of ‘self-respect’ marriages solemnized by advocates under Section 7(A) of the Hindu Marriage Act.
- By overturning the previous Madras High Court ruling, the Supreme Court has clarified the validity and recognition of such marriages, ensuring that ‘self-respect’ marriages can be solemnized without the need for traditional rituals or priests in Tamil Nadu.
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