Valid Marriages Don’t Need Public Declaration: Supreme Court

New Delhi: Every valid marriage does not require a public declaration or solemnisation in a particular manner, opined the Supreme Court on Monday.

“Couples intending to marry may refrain from making a public declaration due to various reasons, such as familial opposition or fear for their safety. In such cases, enforcing a public declaration could put lives at risk and potentially result in forced separation,” noted a Supreme Court bench of justices S Ravindra Bhat and Aravind Kumar.

By a judgment on May 5, the Madras High Court had disapproved of marriages being conducted by advocates in their offices under Section 7-A of HMA, citing a 2014 judgment of the same high court. It added that the marriage performed by advocates in their office is not valid unless it is registered under the Tamil Nadu Registration of Marriages Act, 2009. The court further said that the physical appearance of the parties to the marriage before the marriage registrar is essential.

The high court judgment came while dismissing a habeas corpus petition filed by a man, who complained that his wife, with whom he was married in a ceremony before advocates, was forcibly taken away by her parents.

Setting aside the high court judgment, the top court on Monday banked on a 2001 judgment of the Supreme Court that held that the presence of a priest was not necessary for a valid marriage under Section 7-A and that a wedding conducted in the presence of relatives or friends or other persons by a simple ceremony was enough.

The court went on to cite a bundle of top court judgments that acknowledged the right to choose a life partner as a fundamental right under Article 21. “Advocates have many capacities. They are officers of the court. While acting as counsel/advocate, they should not undertake or volunteer to solemnise marriages. However, in their private capacity as friends as relatives, their roles as witnesses cannot be ruled out,” it stated.