Marriage

JUDGMENT :

(S. Ravindra Bhat, J.)

1. Heard learned counsel for the parties, with their consent.

2. The brief facts are that the appellant had preferred a habeas corpus proceeding, alleging that he had married Mathithra in accordance with Section 7A of Hindu Marriage Act, 1955 and the same was solemnized under the aegis of Advocates and other social workers. He had alleged that she had been forcibly taken away, coerced into marrying her maternal uncle, after which she was restrained at the behest of her parents. The appellant alleged that Mathithra was detained or restrained against her will. The High Court dismissed the petition and recorded comments adverse to the conduct of Advocates, stating that they are incapable of certifying marriages under Section 7A of the Hindu Marriage Act, 1955 (as amended and applicable in Tamil Nadu). The appellant, aggrieved by the impugned order, has approached this Court.

3. This Court had by its order dated 04.08.2023 directed that the concerned District Legal Services Authority to facilitate recording the statement of the alleged victim, Mathithra. Pursuant to the directions, the concerned Legal Services Authority and the District Judge, Ramanathapuram facilitated the process. The report furnished by the Secretary, District Legal Services Authority, Ramanathapuram, Tamil Nadu was forwarded by the District Judge, through letter dated 12.08.2023. The report of the Secretary, District Legal Services Authority pertinently states as follows:

“I humbly submit that, I examined the alleged victim Mathithra with the assistance of Lady Judicial Magistrate. From my examination it reveals that, alleged victim Mathithra married one Elavarasan S/o. Vellaidurai, on her own will and she is residing with the said Elavarasan at Madurai, Othakadai, Anubunagar on her own volition. Further my examination reveals that, she was earlier married to her maternal uncle Thiru. Vijayan at the age of sixteen, against her wishes and she was compelled by her parents and relatives to live with him. Now the alleged victim wants to reside with Elavarasan at later’s residence at Door no. 221, North street, Morpannai, Uppur, Ramanathapuram District.”

4. A copy as well as the translated copy of the statement of Mathithra recorded by the Secretary, District Legal Services Authority under Section 164 Cr.P.C. has also been placed on the record. It confirms the report. In the light of these developments, the Court is satisfied that Mathithra, in fact, wishes to reside with the appellant of own freewill. The respondents are directed to ensure that she in fact join the appellant.

5. The above would have been dispositive of these proceedings. However, this Court notices that the High Court in the impugned order-followed a previous decision of a co-ordinate bench reported as “S. Balakrishnan Pandiyan v Inspector of Police” 2014 (7) MadLJ 651.

6. The Madras High Court took note of the Tamil Nadu Amendment Act and the Hindu Marriage Act, especially Section 7A which dispensed with the necessity of solemnizing marriage in terms of the forms enumerated in other provisions of the Hindu Marriage Act and described a special procedure under the newly inserted provision (Section 7A). That provision merely required the intending spouses to declare and express to each other their willingness to take each other as spouses and symbolically garlanding each other and tying a “Thali”. The Court interpreted the procedure of declaration by the intending spouses “in the presence of relatives, friends or other persons”. The High Court was of the opinion that such marriages involved a public declaration:

“We are very clear in our mind that even the protagonists of the Suyammariyathai/Seerthiruththa form of marriage did not visualize marriages being solemnized in secrecy. The very idea of performing marriages with celebration is to publicly declare the marital status of the parties. Even Thanthai Periyar used to conduct Suyamariyathai form of marriages publicl