Recently, the Madras High Court has addressed the issue of lawyers conducting marriage ceremonies in their offices and issuing fake marriage certificates. 

The bench comprising Justice M Dhandapani and Justice R Vijayakumar directed the Bar Council of Tamil Nadu to take disciplinary action against lawyers involved in such marriages across Tamil Nadu. 

The court also mentioned that such marriages are not legally valid and must be registered under the Tamil Nadu Registration of Marriages Act, 2009, with the parties physically appearing before the Registrar. 

The court emphasized that this practice undermined the dignity of the legal profession in the eyes of the general public.

Case Brief -

In the said matter, a habeas corpus petition was filed by Petitioner Ilavarasan, who claimed that his wife was forcibly detained by her parents after they got her married to someone else.

During the proceedings, counsel for the petitioner, R Alagumani, argued that the marriage was valid under Section 7-A of the Hindu Marriage Act, 1955, as a special marriage ceremony was conducted in the presence of advocates and trade union office bearers. 

However, the Additional Public Prosecutor, S Ravi, informed the court that Ilavarasan had been involved in incidents of kidnapping, resulting in police cases against him. 

The prosecutor contended that Ilavarasan had approached the court with ulterior motives to harass the girl’s parents.

The court also directed the council to initiate disciplinary proceedings within three months of receiving a copy of the court order. Additionally, the Law Enforcing Agency was authorized to take legal action against lawyers involved in such marriages and the petitioner, according to the applicable laws.