NEW DELHI: In a significant order, the Supreme Court on Monday said lawyers can solemnise self-respect marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu.
The Tamil Nadu government, in 1968, had amended one of the provisions of the Act to legalise Suyamariyathai (self-respect) marriages to radically simplify weddings by shunning mandatory Brahmin priests, holy fire and saptapadi (seven steps) and only declaring marriage in the presence of their friends or relatives of the couple or other persons.
These marriages, however, should be registered as per law.
Setting aside a verdict of the Madras High Court that held that advocates cannot preside over such marriages in their offices and issue marriage certificates, the bench comprising justices S Ravindra Bhat and Aravind Kumar said the lawyers were not acting in a professional capacity as officers of the court but in their personal capacity of knowing the couple and they can perform marriages under Section 7(A) of the law.
The top court was hearing an appeal of Ilavarasan against the High Court order rejecting his habeas corpus petition, which was filed alleging that his wife was in the illegal custody of her parents.
The High Court had on May 5 refused to rely upon a self-respect marriage certificate issued by an advocate and dismissed the habeas corpus petition. It also directed the Bar Council to initiate disciplinary action against advocates who issue such "fake marriage certificates".