DISCLAIMER: This article is based on information from the public domain and/or the experts we spoke to.
In the comments section of a post, Rajaa wrote, “YES … Kavya and Anirudh garlanded each other… #Thalaivar handed over a chain to Kavya and #Superstar handed over a chain to Anirudh… the bride and groom exchanged chains and a union of hearts was blessed by their friends and family.”
What is a self-respect marriage, and is a public declaration required?
Ashima Mandla, advocate-on-record, Supreme Court, says, “A self-respect marriage is a complete and valid Hindu marriage. Section 7A of the Hindu Marriage Act, inserted by Tamil Nadu in 1967, recognises a marriage between two Hindus solemnised in the presence of relatives or friends by a simple declaration, by exchanging garlands or rings, or by tying the thali. No priest, sacred fire or saptapadi is needed.”
“The Supreme Court upheld the provision in Nagalingam in 2001, and in Ilavarasan in 2023, making it clear that no public declaration is required,” she adds.
Does Section 7A apply everywhere, or is the marriage recognised only in Tamil Nadu?
The nuance lies in the geography.
“Section 7A is a state amendment that operates in Tamil Nadu, and Puducherry has a similar law,” Mandla says.
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When the ceremony takes place abroad, two questions arise. First, would the law of the country where it was held accept it? Second, does Section 7A travel with a couple domiciled in Tamil Nadu?
Mandla says, “There is a reasonable argument that it does, since the Supreme Court has held that the Hindu Marriage Act applies to Hindus domiciled in India even when they are outside the country. But I am not aware of any court deciding this for a self-respect marriage held abroad. Registration under the Foreign Marriage Act is available only where the marriage is valid under the local law.”
“So the ceremony may be entirely valid in substance, but proof matters. The prudent course is to register the marriage in India, under the Tamil Nadu Registration of Marriages Act or the Special Marriage Act, so that its validity can never be questioned later, whether in a passport application or a succession matter,” she concludes.
