Supreme Court announced on Monday that lawyers have the authority to officiate 'Suyamariyathai' marriages, where two consenting adults marry under the amended Hindu Marriage Act in Tamil Nadu.
Back in 1968, the Tamil Nadu government had modified a provision in the Act, legalizing Suyamariyathai (self-respect) marriages. These weddings aimed to simplify the process by eliminating the requirement for Brahmin priests, traditional rituals like the holy fire and 'saptapadi' (seven steps), and instead, couples simply declared their marriage in front of friends, relatives, or other individuals.
The amendment aimed to eliminate the need for upper-caste priests and intricate rituals. However, these marriages still required proper registration. The recent Supreme Court ruling overruled a Madras High Court decision, which had stated that lawyers could not oversee such marriages in their offices and issue marriage certificates to consenting adults. The Supreme Court upheld the appeal, clarifying that lawyers were acting in their personal capacity, not as officers of the court, when they officiated these marriages. This authority was granted under Section 7(A) of the law.
The detailed written order from the court is still pending. The case involved llavarasan, who appealed against a Madras High Court rejection of his habeas corpus petition. He was represented by lawyer Athenam Velan. llavarasan claimed that he and his wife had undergone a 'suyamariyathai' marriage, and his wife was currently being unlawfully held by her parents.
On May 5, 2023, the high court declined to accept a self-respect marriage certificate issued by an advocate, leading to the dismissal of the habeas corpus petition. The high court additionally directed the Bar Council to take disciplinary action against advocates who issued such "fraudulent marriage certificates."
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