VidhiSangh

Supreme Court of India · 28/08/2023

ILAVARASAN versus THE SUPERITENDENT OF POLICE & ORS.

[2023] 15 S.C.R. 325 · 2023 INSC 813

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Summary

The Court directed that the woman be enabled to join the appellant after an independent inquiry confirmed her free choice to live with him. It rejected a public-declaration requirement for Tamil Nadu self-respect marriages that was absent from Section 7A. Lawyers could act as friends or relatives witnessing such marriages, but should not undertake solemnisation in their professional capacity as advocates.

Issues

  1. Whether Section 7A required a public declaration beyond the statutory mode of solemnisation.
  2. What role advocates could perform in such marriages.
  3. What relief followed the woman’s independently verified wish to reside with the appellant.

Provisions considered

Held

Result

Appeal allowed. Respondents directed to ensure that the woman joins the appellant in accordance with her freely expressed choice. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 325.