The Supreme Court issued a key decision on Monday, saying that basic ceremonies like exchanging rings or garlands can be used to solemnize marriage in a lawyer’s office. A Madras High Court ruling that required a priest’s presence and a public pronouncement of marriage in order for it to be legal was basically overturned by the judgment.
Justice S. Ravindra Bhat and Justice Arvind Kumar’s bench decided in favor of an appeal that contested the discipline taken against solicitors who helped arrange the covert marriage of a young girl. According to Section 7(a) of the Hindu Marriage Act, the Supreme Court has made it clear that advocates working in positions other than as court officers, such as friends, family, or social workers, are permitted to solemnize marriages.
The absence of a requirement for a priest’s presence under Section 7-A of the Hindu Marriage Act (Tamil Nadu State Amendment Act) was the key point emphasized by the top court. The court determined that the attendance of family members, friends, or other people was sufficient to constitute a legal ceremony.
Legal professionals praised the decision as a constructive step towards guaranteeing people’s freedom to select the place and mode of their marriage. An attorney with knowledge of the situation, A Velan, emphasized that the Madras High Court’s ruling in the 2014 Balkrishna Pandian v. Superintendent of Police case was effectively overturned by the Supreme Court. The High Court in that instance declared advocate marriages unlawful and outlawed hidden Suyammariyathai (self-respect) unions.
In its ruling, the Madras High Court emphasized that the goal of marriage is to publicly disclose the married status of the persons involved, noting that public declaration is a crucial component of Suyammariyathai weddings. The Supreme Court, on the other hand, disagreed, claiming that the requirement for public recognition and a priest’s attendance was not required by law.
The ruling by the Supreme Court encourages the legitimacy and validity of weddings consummated through shorter ceremonies, allowing couples to choose how much of their union is witnessed by the public. This decision is anticipated to give couples more options and flexibility when solemnizing their weddings without being constrained by unneeded regulations or scrutiny from the outside world.
It’s important to note that this decision only applies to Hindu weddings held in Tamil Nadu. However, as this decision may open the door for more extensive changes to marriage laws across the nation, legal experts foresee potential spillover consequences across other states and religious communities.
Written by G. Nikitha of KL UNIVERSITY, 9th Semester, Legal Journalist intern under Legal Vidhiya
