The Madurai Bench of the Madras High Court has directed the Centre to disburse incentive under the Dr. Ambedkar scheme to three intercaste couples, which was earlier denied under the ground that the marriages were not registered under the Hindu Marriage Act, 1955.
Justice G.R. Swaminathan directed the Centre to disburse the incentive within a period of eight weeks and observed that the purpose of the scheme was to encourage intercaste marriages among Hindus.
The court said that the Director, Dr. Ambedkar Foundation, Ministry of Social Justice and Empowerment, had not taken note of the statutory amendment made by the State of Tamil Nadu to the Hindu Marriage Act, 1955.
Section 7 of the Hindu Marriage Act states that a Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party.
Where such rites and ceremonies include the saptapadi (the bride and bridegroom taking seven steps together around the sacred fire), the marriage becomes complete and binding when the seventh step is taken, the court said.
But in its application to the State of Tamil Nadu, the Act provides for not only such sacramental marriages but also what are known as Suyamariyathai and Seerthiruththa marriages. In the cases on hand, the parties had affirmed in their affidavits filed before the court that the marriages were performed in the terms of the Hindu Marriage Act, 1955, the court said.
