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Supreme Court of India 2023-08-28 allowed

ILAVARASAN vs THE SUPERINTENDENT OF POLICE & ORS

Bench: 2 — S. Ravindra Bhat, Aravind Kumar

In Brief

A couple married under Section 7A of the Hindu Marriage Act, 1955 with advocates as witnesses sought enforcement of their marriage rights. The appellant appealed after the High Court dismissed his habeas corpus petition, criticizing the advocates' involvement. The Supreme Court held that Section 7A marriages do not require public declaration or solemnization for validity—only mutual consent and a symbolic ceremony suffice. Public declaration may endanger couples facing parental or community pressure. The Court overruled the High Court's erroneous interpretation and allowed the appeal, finding the woman's marriage was voluntary. Advocates may not solemnize marriages but may act as witnesses in their personal capacity.

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Hindu Marriage Act Section 7A Marriage Family Law Right to Life Article 21 Marriage Solemnization Criminal Procedure

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