This article has been written by ANJALI PRAKASH from GOVERNMENT LAW COLLEGE THRISSUR

Table of Contents

Introduction:

According to popular belief, marriage is the union of two adults who come together with their families to create a bond and, thus, establish matrimony. This marriage is referred to as a “holy union” in Indian society because the people there feel that it is solemnised in front of the Gods, who are called to the marriage through the recitation of “mantras.” As they arrive, they bestow a blessing on the marriage, promising it will endure forever. However, when these kinds of partnerships are formally sealed by certain customs or traditions, they are considered complete.

The Vedas, which are among Hinduism’s oldest spiritual books, provide the foundation for these rites. These are the most ancient spiritual writings that establish the guidelines for marriage in the Hindu religion. They also serve as a direct source for the laws governing marriage in the Hindu faith today, emphasising that each marital regulation has a foundational principle that must be upheld. These are referred to as necessary rites and ceremonies for a full and lawful Hindu marriage.

In order for a Hindu marriage to be deemed valid in God’s sight, these rituals were necessary and extremely significant. In order for a Hindu marriage to be deemed valid in God’s sight, these rituals were necessary and extremely significant. In accordance with Hindu law, the rites serve as instruments for a legitimate Hindu marriage solemnization; a holy solemnization of marriage is deemed invalid in their absence.

The President signed the Hindu Marriage (Tamil Nadu Amendment) Act, 1967 into law on January 17, 1968. By adding Section 7-A, this modification changed the Hindu Marriage Act of 1955. But it was limited to the state of Tamil Nadu.The unique clause on “self-respect and secular marriages” is covered in Section 7-A. Legally, “any marriage between any two Hindus” is recognised; this might be called “suyamariyathai” or “seerthiruththa marriage” or anything else.

One alternate method of solemnising weddings within the Hindu community is the “self-respect marriage,” which was introduced in Section 7A of the Hindu Marriage Act, 1955. Within the parameters of the Act, this section seeks to address specific social issues and take into account a variety of cultural practices.

1. Meaning and Scope of Self-Respect Marriage:

These unions are formally proclaimed to be husband and wife in a language that both parties can understand in front of family, friends, and other witnesses. In addition, each partner in the marriage garlands, rings, or binds a “thali,” or mangal sutra, on the other. But according to the law, these weddings also have to be registered.The Tamil Nadu government changed the Hindu Marriage Act, 1955, to allow for “suyamariyathai,” or “self-respect,” marriages.

This change was made to drastically reduce the complexity of weddings by doing away with the requirement for sacred fire, saptapadi, and Brahmin priests. This made it possible to announce weddings in front of the couple’s friends, relatives, and other acquaintances. To put it briefly, the modification eliminated the requirement for priests and rituals, which were previously necessary to complete wedding ceremonies. Tl

The Madras High Court had mandated the start of disciplinary proceedings against the attorneys who solemnised these weddings in their offices and issued marriage certificates to consenting adults. The Supreme Court recently granted a petition challenging this May 5 judgement.

2. Where Can Self-Respect Marriages be Performed?

Under the Hindu Marriage Act, marriages can be solemnized at a variety of places, and Section 7A of the Hindu Marriage Act, 1955 provides flexibility in choosing a venue. According to this section, a marriage may be solemnized in any place, which is not only the residence of the parties but also any other place. This means that couples have the freedom to choose a location that is meaningful to them, provided it is not prohibited by law.

Here are some common venues for Hindu marriages:-

Arya Samaj Mandir: Arya Samaj is a reform movement within Hinduism that promotes the values of Vedas. Arya Samaj Mandirs are known for conducting simple and solemn marriage ceremonies.
Temples: Many couples choose to get married in Hindu temples, where priests conduct the traditional rituals.
Home or Residence: The Hindu Marriage Act allows marriages to be solemnized at the residence of the parties.
Banquet Halls and Wedding Venues: Many couples opt for banquet halls or specific wedding venues to celebrate their marriage with family and friends.
Court: Some couples prefer a court marriage, which is a civil ceremony conducted by a marriage registrar.

3. Prominent and Recent Case Laws:

A man named Ilavarasan was appealing a Madras High Court ruling from May 2023 that had denied him the right to bring his wife before the court. The case, “Ilavarasan v. Superintendent of Police,” was being heard by a bench of Justices Ravindra Bhat and Aravind Kumar. The petitioner had said that he had engaged in “suyamariyathai” with his spouse, who was presently in the “illegal custody” of her parents.

The advocate’s “self-respect” marriage certificate was rejected by the Madras High Court, which also rejected Ilvarasan’s habeas corpus petition. He was forced to approach the Supreme Court as a result, and it accepted his petition.

By doing this, the court overturned a 2014 Madras High Court decision in “Balakrishna Pandian v. The Superintendent of Police,” which declared that weddings officiated by attorneys are void and that secret marriages, often known as “suyammariyathai” or “self-respect” marriages, are not permitted.In a 2014 order, the Madras High Court declared: “We are very certain that not even the advocates of the Suyammariyathai/Seerthiruththa form of marriage could have imagined weddings being solemnised in secret.

Declaring the parties’ married status in public is the whole point of celebrating nuptials. In the past, even Thanthai Periyar performed public Suyamariyathai weddings so that everyone could acknowledge the couple’s rank. As a result, celebrating marriage is not incompatible with the Suyammariyathai/Seerthiruththa style of union.

Thus, we believe that a marriage performed in secret with few outsiders present—whether in the Suyammariyathai form or not—will not qualify as solemnization as required by Sections 7 & 7-A of the Hindu Marriage Act. Further, the top court also relied on its 2001 ruling in “Nagalingam v. Sivagami”, which said that there is no blanket ban on advocates to solemnise marriages under Section 7(A) of the Hindu Marriage Act (Tamil Nadu State Amendment Act).A bench of Justices DP Mohapatra and KG Balakrishnan acknowledged the validity of the petitioner’s marriage to his wife in “S.

Nagalingam vs. Sivagami” (2001), even though the custom of walking seven steps around the holy fire, or “saptapadi,” had not been followed. The court stated that Section 7-A of the Hindu Marriage Act (Tamil Nadu State Amendment) will apply in its place, clarifying that the parties, in this case, did not view the “saptapadi” ceremony as being as necessary as it would have been under their own personal laws.

The primary idea behind this clause is that a lawful marriage can be performed without a priest’s attendance. The court noted in its ruling that parties can get married in front of friends, family, or other acquaintances. Each party must declare in a language that both parties can understand that the other person is his or her spouse. The marriage is then consummated with a straightforward ceremony that requires the parties to tie a thali, put a ring on each other’s finger, or garland each other.

Comparative Analysis with International Laws:

Comparison with USA:

USA: Marriage laws in the United States are primarily governed by state laws, and there is no federal law on marriage. However, common elements include obtaining a marriage license, having a marriage ceremony, and filing a marriage certificate. Both jurisdictions recognize the importance of formalizing marriages through registration.

In both cases, there’s a legal process involved in getting married.

The legal systems are different (civil law in India vs. common law in the USA). The USA has a decentralized system, with each state having its marriage laws, while India has a unified law applicable across the country.

Comparison with UK:

In the United Kingdom, marriage laws are also devolved, with different regulations in England and Wales, Scotland, and Northern Ireland. Common elements include giving notice, having a ceremony, and obtaining a marriage certificate. Like India, the UK recognizes the importance of registering marriages. Both jurisdictions have provisions for a formal marriage ceremony. The legal systems are different (common law in the UK vs. civil law in India). Each part of the UK (England and Wales, Scotland, and Northern Ireland) has its marriage laws.

General Observations:

Registration Requirement:

India mandates the registration of Hindu marriages under Section 7A.

The USA and the UK also require the registration of marriages, but the specific processes vary.

Legal Systems:

India follows a civil law system, while the USA and the UK follow common law systems. This impacts the overall legal framework and the way laws are interpreted.

Decentralization:

India has a unified law applicable across the country, while the USA and the UK have decentralized systems with variations in laws among states or constituent countries.

5. State modifications to the Hindu Marriage Act’s Section 7.

The present Section was amended by the Madras Amendment Act, 1967, which provides provisions regarding ‘Suyamariyathai’ and ‘Seerthiruththa’ marriages that have existed in the state for over half a century. For this, Section 7-A was added, which provides the additional ceremonies to be performed at the time of marriage, which are:

Each party may communicate with the other in the language understood by the other and convey that the party takes the opposite party to be their husband or wife.
Each party may put a ring on the finger of another party or put a garland or ‘varmala’ on the neck of the bride or groom.
The marriage may be solemnised by the tying of the thali, i.e., a sacred thread of gold worn by the married wife after marriage.

Only Suyamariyathai and Seerthiruththa weddings are covered by the aforementioned Madras state modification to the Hindu Marriage Act, 1955.

It stipulates that if a priest is not present, the marriage may nevertheless be solemnised. In the event that the priest is not present, the marriage can still be legally solemnised in front of friends, family, and other acquaintances. However, in such a scenario, the parties involved must speak with one another, acknowledge that they are husband and wife, place the ring on the other person’s finger, and tie the thali, or sacred thread of gold that the married woman wears after marriage.

In the 2001 case of S. Nagalingam v. Sivagami, the Hon. Supreme Court further ruled that Section 7-A shall apply to marriages in which the bride and groom exchange vows in front of their parents, relatives, and friends. Under this exceptional rule, a priest’s presence is not required to solemnise a lawful marriage. It is also completely acceptable for the parties to get married in front of their parents, relatives, and friends; however, in these kinds of unions, the bride and groom must express to one another that they regard each other as their legal spouses. This prerequisite must also be fulfilled by tying the thali or placing a ring on one of the other’s fingers. Following all of this, a legally recognised marriage will be formally pronounced.

CONCLUSION:

Section 7-A was added by the state government through an amendment just to provide provisions for marriages, i.e., Suyamariyathai and Seerthiruththa. The said provisions were introduced just to give a legal framework to these marriages, which had been in practice for a long time in the state.