‘Advocates, in their personal capacity, can solemnise self-respect marriages in TN’

The Supreme Court overruled a decision of the Madras High Court which had held that self-respect marriages in Tamil Nadu cannot be solemnised in secrecy and cannot be performed in presence of advocates

New Delhi: The Supreme Court on Monday overruled a decision of the Madras High Court which had held that self-respect marriages in Tamil Nadu cannot be solemnised in secrecy and cannot be performed in presence of advocates.

A bench of Justices Ravindra Bhatt and Aravind Kumar said that there exists no blanket ban for advocates to solemnise Suyamariyathai form of marriage under Section 7(A) of the Hindu Marriage Act (Tamil Nadu State Amendment Act). The court held that lawyers, in their personal capacity of a friend, relative or social activist, can perform such marriages but not in their capacity when acting as the officer of court. The special leave petition, filed through advocate A.

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Velan, challenged the Madras High Court decision which had ordered initiation of disciplinary action against the advocates under whose aegis these self-respect marriages were solemnised. Also, the impugned High Court order had held that a marriage conducted in secrecy with few strangers around will not amount to solemnisation as required under Section 7 & 7-A of the Hindu Marriage Act as applicable in Tamil Nadu.

Suyamariyathai is a form of marriage between two Hindus which could be solemnised in the presence of relatives, friends or other persons and presence of a priest is not necessary.