“Self-respect marriages can only be performed b/w two Hindus”: Madras High Court

Limiting the scope of self-respect marriages Justice G R Swaminathan of the Madras High Court held that it can only be performed between two Hindus.

The Court was hearing a plea moved by a Hindu-Christian couple who performed a self-respect marriage and wanted the same to be registered under the Special Marriage Act.

The plea was moved by S Sarath Kumar seeking directions to a sub-registrar to register his marriage under the Special Marriages Act.

Kumar was a Hindu, while his wife Lediya was a Christian, and the couple had undergone a self-respect marriage.

The single-judge bench noted that such marriages did not have any application under Section 7A of the Hindu Marriage Act.

Court added that the provision (S. 7A) was introduced in 1967 to confer recognization for marriages held without religious ceremonies. A sacramental marriage performed as per ceremonies as well as a marriage celebrated in terms of Section 7A is both valid.

However, Suyamariyathai marriages (reformist/self-respect marriages) can only be performed between two Hindus, the court observed.

Furthermore, Court stated that Kumar can hope to succeed only if he can show that his marriage was solemnized under the Special Marriage Act, and suggested that he solemnize his marriage under the aforementioned act by following the procedures contemplated.

Explaining the procedure to be followed to solemnize a marriage under the Special Marriage Act, Justice Swaminathan stated that Section 5 of the Act requires the parties to the marriage to give notice in a prescribed form. The marriage officer must record the notices in the Marriage Notice Book, which is open for inspection.