The Madras High Court has called upon the Bar Council of Tamil Nadu to take stringent disciplinary action against Advocates for conducting marriage ceremonies in their Chmabers and issuing invalid/ fake Marriage Certificates.
The Division Bench of Justice M Dhandapani and Justice R Vijayakumar was adjudicating upon a Writ of Habeas Corpus seeking the production of detenue, a 21 years old woman who had a 'special marriage' in the presence of Advocates and office bearers of the Trade Union, under Section 7-A of the Hindu Marriage Act, 1955.
Brief Facts of the Case
The Counsel for the petitioner submitted that earlier child marriage was performed by the parents of the detenue, which was opposed by her and there is no compatibility in the said marriage. Thereafter on her own volition, the detenue decided to join with the petitioner. He emphasized that her marriage with the petitioner is perfectly valid and therefore a direction should be issued to the Law Enforcing Agency to secure the detenue from the fourth respondent and hand over her custody with the petitioner.
The case of the petitioner was that he fell in love with the detenu and since the detenu was a minor at that time, they decided to get married after sometime. In the meanwhile, the parents of the detenu performed a child marriage without her volition with the fourth respondent herein forcibly. Thereafter, the detenu voluntarily came out from the parental home and went to the petitioner's house.
The APP submitted that the petitioner kidnapped the detenu twice and filed the present petition suppressing the same fact in order to harass the parents of the detenu as well as the detenu. He submitted that during the inquiry, the detenu showed intention to go with her husband.
High Court's Observation
The Court at the outset wondered as to how the Advocates are authorised to perform special marriages in their office or Trade Union and mentioned that when previously such matter came up, the court categorically held that marriages performed in secrecy in the Office of Advocates and Bar Association Rooms cannot amount to solemnisation within the meaning of Sections 7 and 7-A of the Hindu Marriage Act, cannot be used as a sword by the males for cutting the nuptial knot in matrimonial proceedings, but can be used only by the fair sex to get liberated from sham marriages of this nature.
It was also held that the Certificate of Solemnisation issued by Advocates will not be per se proof of Solemnisation of Marriage in a matrimonial dispute.
Remarking the marriage of the petitioner with the detenu is not valid, the court observed:
"Marriage performed by the Advocates in their office is not a valid marriage, unless the marriage is registered under the Tamil Nadu Registration of Marriages Act, 2009 and the physical appearance of the parties to the marriage before the Registrar is essential."
Stating that the earlier marriage performed by the parents of the detenue was not questioned either by the detenue or her parents and therefore is perfectly valid, the court ordered disciplinary action against the Advocates.
"We are of the strong opinion that this is a fit case to refer the matter to the Bar Council of Tamil Nadu to initiate disciplinary action against the advocates who performed the marriage. The Bar Council of Tamil Nadu is directed to initiate disciplinary action against Kanagasabai M.A.B.L., and Balamurugan, Deputy Secretary, State Legal Wing, District Traders Union, Tiruppur, after issuing notice to them", it ordered.
Additionally, to eliminate the menace and put a stop to such conduct by the Advocates, the Court directed to initiate disciplinary action against the lawyers who are conducting these types of marriages all over Tamil Nadu by issuing fake certificates after providing an opportunity to them within a period of three months.
The Court also granted liberty to the Law Enforcing Agency liberty to proceed against the lawyers who are performing these types of marriages as well as the petitioner in the manner known to law.
Case Title: Ilavarasan vs The Superintendent of Police,
Case Details: H.C.P.(MD)No.560 of 2023
Coram: Hon'ble Mr. Justice M Dhandapani and Hon'ble Mr. Justice R Vijayakumar
Advocates for Petitioner: Mr.R.Alagumani
Advocates for Respondent: Mr.S.Ravi Additional Public Prosecutor for R1 & R2
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