SELF RESPECT MARRIAGE

-Pratiksya Jena
The self-respect marriage is legalized under section 7(A) of Hindu Marriage act, 1955. This was
inserted in the Act by an amendment (Tamil Nadu Amendment) Act, 1967 by receiving
President’s approval and became the law. This law prevails only in the state of Tamil Nadu and
is also known as “suryamariyathai” or “seerthiruththa marriage”.it as initiated by
E.V.Ramaswamy Naicker who rejected the Brahmin rituals, religion and cultures. This was also
known as the Dravidian Movement in which the voice was raised for equal rights and status of
the backward classes and of the women .This marriage is done between two Hindus in the
presence of their friends and relatives , solemnized by advocate without any rituals and
ceremonies.
The requirements for this marriage are:
 Parties must have reach their minimum age of marriage
 They both must have consented to such marriage.
 It shall be registered by law.
Case studies:
S.Nagalingam v. Sivagami, 2001 held that there is no banned on the advocates to solemnized
marriage under section 7(A) of the Hindu Marriage Act (Tamil Nadu Amendment Act).
“ the main objective of such marriage is that the priest presence is not require for marriage and it
can be conducted in simple ceremony between the parties to marriage and their friends and
relatives by putting garland or a ring upon any finger”, the court observed its ruling.
Ilavarasan v. Superintendent of Police, here the wife’s family did not recognized the self-respect
marriage of the couples and hence the husband filed Petition of Habeas Corpus against his in-
laws for holding the illegal custody of his wife. Refusing to accept the certificate issued by the
advocate of self-respect marriage. The Madras High Court rejected his plea and he went to
higher court where his plea was accepted.
Balakrishna Pandian v. The Superintendent of Police, 2014 the ruling of Madras High Court was
overruled where it was held that the marriages performed by the advocates are invalid and that
self-respect marriage cannot be solemnized in secrecy as the protagonist did the marriage
publically so that the society accepts the couple’s status. Hence , the court was in the opinion that
the marriage which is done without any rituals and among some strangers cannot considered to
be a valid marriage under section 7 and 7(A) of Hindu Marriage Act, 1955.