The Madras High Court passed an judgement on 5th of May, 2023 in which it directed the Bar Council of Tamil Nadu to initiate disciplinary action against lawyers who are conducting marriages all over the State by issuing fake certificates. This was seen in the case of Ilavarasan v. The Superintendent of Police and Ors. (H.C.P.(MD)No.560 of 2023) and the case was presided over by The Honourable Mr. Justice M. Dhandapani and The Honourable Mr. Justice R. Vijayakumar
FACTS OF THE CASE:
The petitioner, Ilavarasan, filed a writ petition seeking an issue of a Writ of Habeas Corpus to direct the respondents to produce the body or person of detenu by name Mathithra, aged 21 years wife of the petitioner before the Court and set her at liberty. The petitioner contended that the detenu and him had fell in love and because the former was a minor, they decided to wait to get married.
Within this period her parents forced her into a child marriage against her will. The marriage is voidable at the option of the detenu and she opposed it and thus it is void. A special marriage was conducted in the presence of Advocates and office bearers of the Trade Union, under Section 7-A of the Hindu Marriage Act, 1955 and it is perfectly a valid marriage. She was again taken back to her maternal home. Hence this petition.
JUDGEMENT:
The learned bench after listening to the contentions, questioned the validity of such marriages. With precedents, they held that marriages performed by the Advocates are not valid and disciplinary action is to be initiated against those Advocates. The court further directed the Bar Council of Tamil Nadu to initiate disciplinary action against lawyers who are conducting marriages all over the State by issuing fake certificates. Thus, there was no case of illegal detention and the petition was dismissed.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA
