In a significant order, the Supreme Court on Monday said lawyers can solemnise 'Suyamariyathai' 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.
The amendment was made with a view to do away with the need for the upper-caste priests and elaborate rituals to complete wedding ceremonies. These marriages too, however, needed to be registered as per law.
The apex court order on Monday came from a bench comprising justices S Ravindra Bhat and Aravind Kumar while setting aside a recent Madras high court which had held that the advocates cannot preside over such marriages in their offices and then issue marriage certificates to consenting Hindu adults.
The top court allowed the petition.
However, it said the lawyers are 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 detailed order is awaited.
The top court was hearing an appeal of one Ilavarasan against the Madras high court order rejecting his habeas corpus petition (bring the person).
Ilavarasan, who was represented by lawyer Athenam Velan, claimed he had performed Suyamariyathai marriage with his wife who was currently in illegal custody of her parents.
The high court, on May 5, 2023, refused to rely upon a self-respect marriage certificate issued by an advocate and dismissed the habeas corpus petition.
The high court also directed that the Bar Council should initiate disciplinary action against advocates who issue such "fake marriage certificates".
