“Public Declaration Not Necessary for Valid Marriage”: Supreme Court Overrules Madras High Court’s Interpretation on Solemnization under Section 7A of Hindu Marriage Act

07 May 2024 8:19 AM

By: Admin

New Delhi: The Supreme Court of India today delivered a landmark judgement, overruling the Madras High Court’s earlier decision that had made public declaration a necessity for solemnizing marriages under Section 7A of the Hindu Marriage Act.

Justice S. Ravindra Bhat, presiding over the case, stated that imposing a requirement for a public declaration “is not only narrowing the otherwise wide import of the statute but also would be violative of the rights under Article 21 of the Constitution of India.”

The case came into the spotlight when Ilavarasan filed a habeas corpus petition, alleging that his wife Mathithra was forcibly married to her maternal uncle and was restrained against her will. The Supreme Court directed the District Legal Services Authority to record Mathithra’s statement, which corroborated Ilavarasan’s claim.

The apex court took issue with the Madras High Court’s reliance on a previous decision and clarified the Tamil Nadu Amendment Act’s provisions. The court stressed that Section 7A merely required the intending spouses to declare their willingness to marry each other, and no public ceremony was needed.

The judgement further emphasized that due to various societal pressures, many couples may not be able to make a public declaration. “Doing so would imperil their lives or could in the very least likely result in danger to their bodily integrity or at worst, a forcible or coerced separation of one from the other,” said the Court.

The Supreme Court also reasserted that free will and choice in marriage are intrinsic parts of the right to life, as mentioned in previous judgments such as Lata Singh v. State of UP and Shafin Jahan v. Asokan KM.

The Court’s decision has been seen as a significant step towards safeguarding individual liberties and is expected to have far-reaching implications in how the law is applied and interpreted regarding personal freedoms and marriage in the country.

Date of Decision: 28 August 2023

ILAVARASAN vs THE SUPERINTENDENT OF POLICE & ORS.