The Madras High Court has directed the Bar Council of Tamil Nadu to initiate disciplinary action against the lawyers who are conducting marriages in their offices all over Tamil Nadu by issuing fake certificates.

“The Bar Council of Tamil Nadu is also 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 opportunity to them within a period of three months from the date of receipt of a copy of this order.”, Justice M.Dhandapani and Justice R.Vijayakumar ordered.

The Court held that the 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.

The Court was dealing with a Habeas Corpus petition filed by a man seeking production of a girl who was allegedly forcibly taken away from his presence.

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 allegedly performed a child marriage without her volition. Thereafter, the detenu voluntarily came out from the parental home and went to the petitioner's house. Thereafter, the detenue and the petitioner got married however she was allegedly forcibly taken away from his presence.

The petitioner claimed that the marriage between the petitioner and the detenu was performed in the presence of Deputy Secretary of State Legal Wing, District Trade Union, Tiruppur, who claimed to be advocates.

S.Ravi, Additional Public Prosecutor, appeared for the State, Advocate R.Alagumani appeared for the petitioner.

“…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. However, the petitioner claims that their marriage was performed in the presence of the office bearers. It is not a valid one”, the Court said.

The Court held that the earlier marriage performed by the parents of the detenue is perfectly valid and the subsequent marriage performed in the presence of the advocates and officer bearers of the Trade Union is invalid.

Thus the Court referred the matter to the Bar Council of Tamil Nadu to initiate disciplinary action against the advocates who performed the marriage.

The Court held that there is no illegal custody of the detenu as alleged by the petitioner, hence Habeas Corpus Petition was dismissed.

Cause Title- Ilavarasan v. Superintendent of Police & Ors.

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Madras High CourtJustice M. DhandapaniJustice R. Vijayakumar

Ashish Shaji