Back
2019 Supreme(Mad) 1970
IN THE HIGH COURT OF MADRAS AT MADURAI BENCH
G.R. Swaminathan, J.
A. Sivakumar and Others – Appellants
Versus
The Director, Dr. Ambedkar Foundation, Ministry of Social Justice and Empowerment and Others – Respondents
WP (MD) Nos. 12238, 15581, 24229 of 2018, WMP (MD) Nos. 11134, 13997, 13998, 21914, 21915 of 2018
Decided On : 04-06-2019
Advocate Appeared:
For the Appellant : R. Krishnan.
For the Respondents: M. Ashok Kumar, M. Karuppasamy, S. Jeyasing, K. Mu. Muthu, H. Velavadhas.
Headnote:
Hindu Marriage Act, 1955 - Section 7 - financial assistance for having entered – Trial Court - It is not in dispute that one of the parties to the marriage in all these three cases belongs to a Scheduled Caste while the other belongs to a non scheduled caste. The application was submitted within time. They have not already received any incentive from the State Government for having entered into an inter-caste marriage. The authorities have duly recommended the applications for grant of incentive. According to the first respondent, the only impediment is non registration of the marriages in question under the Hindu Marriage Act, 1955 – Held, Marriage can be performed under the personal law of the parties concerned. Or it can be a civil marriage under The Special Marriage Act, 1954. The first condition set out in Section 5 of the Hindu Marriage Act, 1955 is that it should have been solemnized between two Hindus. Likewise, unless both the parties profess the same religion, a valid marriage cannot be performed under the respective personal laws. Inter-religious marriage can be validly performed only under the Special Marriage Act, 1954. If a marriage has been registered under the Tamil Nadu Registration of Marriages Act, 2009, it is obvious that a valid marriage had already been solemnized. In the cases on hand, the parties herein have affirmed in a solemn affidavit filed before this Court that their marriage was performed in terms of the Hindu Marriage Act, 1955. One of the parties to the marriage in each of the three cases belongs to scheduled caste while the other belongs to a non scheduled caste. When the competent authorities have issued certificates in this regard, it is not for the first respondent to question the same. Even though one of the eligibility criteria is that the marriage should have been duly registered under the Hindu Marriage Act, 1955, in view of the local law made in the State of Tamil Nadu, registration of the marriage made under the Tamil Nadu Registration of Marriages Act should be more than sufficient for the purpose of disbursing the incentives under Dr. Ambedkar Scheme for Social Integration through Inter-Caste Marriages. The effect of Section 7(1) of the Tamil Nadu Registration of Marriages Act, 2009 in this case is that the registering authority was satisfied that a valid marriage was performed between the parties in accordance with their personal law, namely, the Hindu Marriage Act, 1955 - first respondent should give a purposive interpretation to the scheme requirements. In fact, the first respondent should approach the issue in such a manner that the noble object of the scheme is fulfilled. The purpose of the scheme is to encourage inter-caste marriages among the Hindus. The materials enclosed in the typed set of papers establish beyond any doubt that the parties to the marriage are Hindus and that one of them is a Scheduled Caste while the other is a non Scheduled Caste and that they had undergone an inter-caste marriage – petition allowed
ORDER :
1. Heard the learned counsel on either side.
2. The petitioner in WP (MD) No. 12238 of 2018, namely, A. Sivakumar belongs to Hindu Pallan Community. It is a notified scheduled caste community in the State of Tamil Nadu. The competent authority has certified that he belongs to the said community. He got married to one V.S. Nivethaa on 08.06.2016. The said Nivethaa belongs to Hindu Vaniya Chettiar Community. It is not a scheduled caste. Thus, the marriage solemnized between the two is an inter-caste marriage. The Tahsildar, Tirunelveli has issued a certificate dated 22.07.2016 stating that the marriage between A. Sivakumar and V.S. Nivethaa is an inter-caste marriage. The Collector, Tirunelveli has recommended that the said inter-caste marriage couple are eligible for obtaining incentive under Dr. Ambedkar Scheme for Social Integration through Inter-Caste Marriages.
3. The petitioner in WP (MD) No. 15581 of 2018, namely, J. Selvin Thiyagarajan belongs to Hindu Pallan community. It is a notified scheduled caste. He got married to T. Saranya Kanimozhi on 14.09.2016. She belongs to Hindu Nadar community. It is not a scheduled caste. The Tahsildar, Sattur has issued a inter-caste marriage certificate on 08.05.2017 certifying that the marriage solemnized between Selvin Thiyagarajan and T. Saranya Kanimozhi is an inter-caste marriage. The District Social Welfare Officer, Virudhunagar has also certified that they had not availed any other financial assistance for having entered into an inter-caste marriage.
4. The petitioner in WP (MD) No. 24229 of 2018, namely, V. Nadesh belongs to Hindu Vellalar community. It is a forward caste. He got married to D.S. Manikandeeswari on 10.02.2016. She belongs to Hindu Vedan community which is a notified scheduled caste community. The Tahsildar, Thovalai has issued a certificate dated 04.04.2016 mentioning that the marriage that took place between this couple is an inter-caste marriage. The District Social Welfare Officer, Kanyakumari District has issued a No Objection Certificate. Their application has been duly recommended by the local MLA.
5. The first respondent by the impugned common order dated 28.12.2017 had rejected the applications seeking incentive under Dr. Ambedkar Scheme for Social Integration through Inter-Caste Marriages. The only ground of rejection is that the marriages were not registered under the Hindu Marriage Act, 1955. The first respondent has informed that the proposals could not be considered favourably. The writ petitioners question the correctness of the stand taken by the first respondent.
6. The learned counsel appearing for the first respondent submitted that the reason set out in the impugned communication is sound and correct. I am however of the view that the order impugned in these writ petitions will have to be quashed insofar as the petitioners are concerned. The Ministry of Social Justice and Empowerment, Government of India introduced Dr. Ambedkar Scheme for Social Integration through Inter-Caste Marriages since it was felt that inter-caste marriages can be one of the significant steps to reduce caste prejudice and untouchability and spread the values of liberty, equality and fraternity etc., in the society. The eligibility criteria set out in the scheme are as under:
"1. An inter-caste marriage, for the purpose of this Scheme means a marriage in which one of the spouses belongs to Scheduled Caste and the other belongs to a Non-Scheduled Caste.
2. The marriage should be valid as per the law and duly registered under the Hindu Marriage Act, 1955. An affidavit of their being legally married and in matrimonial alliance would be submitted by the couple.
3. No incentive is available on second or subsequent marriage.
4. Proposal would be treated as valid if submitted within one year of marriage."
The eligibility criteria has not been set out in a statute but in a scheme. Therefore a greater leeway can be assumed while construing them. Of course, it should be interpreted i
