The Supreme Court on Monday underscored that lawyers have the authority to officiate ‘Suyamariyathai’ marriages between consenting adults, as sanctioned by the amended Hindu Marriage Act in Tamil Nadu.
Back in 1968, the Tamil Nadu government amended a provision of the Act to legalize Suyamariyathai (self-respect) marriages, aiming to simplify matrimonial ceremonies by foregoing mandatory brahmin priests, ceremonial fire, and saptapadi (seven steps). Instead, couples could declare their marriage before friends, relatives, or other witnesses. This amendment aimed to eliminate the necessity for upper-caste priests and elaborate rituals, while still necessitating registration as per legal requirements.
The bench comprising of Justices S Ravindra Bhat and Aravind Kumar, overturned a recent ruling by the Madras High Court. The High Court had ruled that advocates could not officiate over such marriages in their offices and subsequently issue marriage certificates to consenting Hindu adults.
The apex court upheld the petition’s plea, determining that lawyers, when officiating such marriages, are acting not in their professional capacity as officers of the court, but rather in their personal capacity of acquaintances of the couple. This is authorized under Section 7(A) of the law.
The case presented before the Supreme Court involved Ilavarasan, who was appealing the Madras High Court’s dismissal of his habeas corpus petition.
Ilavarasan, represented by lawyer Athenam Velan, asserted that he had entered into a suyamariyathai marriage with his wife, who was currently being unlawfully held by her parents.
On May 5, 2023, the High Court declined to acknowledge a self-respect marriage certificate issued by an advocate and rejected the habeas corpus petition. The High Court additionally directed the Bar Council to initiate disciplinary proceedings against advocates issuing such “fake marriage certificates”.
The detailed order is awaited.
