Madras HC asks man to follow correct procedure to obtain marriage certificate, dismisses plea

The couple could have gotten relief under the Special Marriage Act, 1954, which says the age of the bride should be above 18 years.
Madurai Bench of Madras High Court. (File Photo)
Madurai Bench of Madras High Court. (File Photo)

MADURAI: Observing that age is not always a mere number, the Madurai Bench of the Madras High Court dismissed a man's plea seeking direction to the Virudhunagar registration authorities to register his marriage after his application was rejected by the authorities on the ground that the bride had not attained the age of 21 years. During the course of the hearing the judge also stated, "The reformist zeal of the legislature stopped with the tinkering of the institution of Hindu marriage."

According to the order, the groom belongs to the Scheduled Caste (Hindu) and the bride is a Christian. Though the couple’s parents had given a green signal and they undertook a self-respect marriage on June 6, 2022, the registering authority waved a red flag citing the bride's age.

Hearing the groom's plea on Thursday, Justice GR Swaminathan noted that the couple's marriage is not valid under the Hindu Marriage Act, 1955. "Suyamariyathai and Seerthiruththa marriages (reformist and self-respect marriages) can be held only between two Hindus. The reformist zeal of the legislature stopped with the tinkering of the institution of Hindu marriage. It did not venture beyond that," he said. The marriage was not solemnised under the Indian Christian Marriage Act too, since the ceremony did not take place in a church, he added.

The couple could have gotten relief under the Special Marriage Act, 1954, which says the age of the bride should be above 18 years. However, they cannot avail of this benefit as well, since they submitted the notice under Section 5 (Notice of Intended Marriage) of the Act only after performing the marriage, instead of giving it before, the judge further observed. Hence, the authorities rightly rejected the couple's application, the judge said and dismissed the petition.

But concluding, the judge said, "My role now metamorphoses from that of an adjudicator to an adviser." The notice under Section 5 is valid for three months, and the groom could try again by following the procedures laid out in the Special Marriage Act, he stated, adding that the authorities cannot refuse to register the marriage over the bride's age in that case.

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