madras high court

Madras High Court: In a Habeas Corpus petition filed to direct the respondents to produce the body or person of detenu (‘wife of petitioner') before this Court and set her at liberty, the division bench of M. Dhandapani* and R. Vijayakumar, JJ. held that there is no illegal custody of the detenu as alleged by the petitioner and directed the Bar Council of Tamil Nadu to initiate disciplinary action against the Advocates who conducted invalid marriage of the petitioner and detenu.

In the case at hand, petitioner allegedly fell in love with the detenu and since she was a minor at that time, they decided to get married after some time. In the meanwhile, the parents of the detenu performed a child marriage without her will with another man. Thereafter, the detenu voluntarily came out from the parental home and went to the petitioner’s house. On 24-04-2023, the detenue and the petitioner got married. On 03-05-2023, respondent came to the house of the petitioner and forcibly took her away. Hence, this petition was filed.

The petitioner claimed that the marriage between the petitioner and the detenu was performed in the presence of Kanagasabai M.A.B.L., and Balamurugan, Deputy Secretary of State Legal Wing, District Trade Union, who claimed to be advocates and based on which, marriage was performed on 24-04-2023. A marriage certificate was also issued by the said advocates.

The Court wondered as to how the Advocates are authorised to perform special marriages in their office or Trade Union. Placing reliance on S. Balakrishnan Pandiyan v. Superintendent of Police, 2014 SCC OnLine Mad 8815 , the Court said 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. Thus, the marriage between the petitioner and the detenu is not valid. Further, the earlier marriage performed by the parents of the detenue was not questioned either by the detenue or her parents. Hence, the earlier marriage performed by the parents of the detenue is valid.

Hence, the Court directed the Bar Council of Tamil Nadu to initiate disciplinary action against Kanagasabai M.A.B.L., and Balamurugan Deputy Secretary, State Legal Wing, District Traders Union, after issuing notice to them.

The Court further directed Bar Council of Tamil Nadu 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.

[Ilavarasan v. Superintendent of Police, 2023 SCC OnLine Mad 2852, Order dated 05-05-2023]

*Order by: Justice M.Dhandapani

Advocates who appeared in this case :

For Petitioner : Advocate R.Alagumani

For Respondents : Public Prosecutor S.Ravi Additional

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One comment

  • Hello, I would like to know I was divorce 2019, but still continued relationship with my same ex husband and we use to do chats video calls as he lives in uk, in 2023 he again took me on vacation to Goa and has promised me by email he will marry me and he has forcefully had sex with me I feel it’s rape as he told my aunty with who I stay before taking me he told us he will remarry me and finds guilty of our divorce and I got abused physically twice from him and he always threatens me I can’t do nothing as I got no money and no job, what must I do thou I have opened an fir against him but the lady cop she took my ex mobile number and she called him but then I complain about the same cop and she has even made fun of me at the police station saying ugly things to me, I trusted my ex husband as I was married to him and even in our vacation days he made me wear his mangalsutra and we went all over, kindly advice me what to do still my case no cops or any thing happened as yet I want to know what to do and my ex stays in uk I don’t know if the lady cop has done look out search or not as when I asked her she was too rude and insulted me in front of other public treated me as a criminal I strongly believe she has been bribe by my ex husband and which he has done it in past he has confirmed on it as during our marriage he had cheated me and that’s why he did not sponser me with relivant documents to go uk my visa was refused and not even 48hours he blocked me and all nonsense he did to me had send fake lawyers threat that he will put me on jail as I had said on fb it’s my account I can do what ever I wish and I had not done no wrong just had put our pic and said he is fake lier that time also 498 case he made me withdraw and his cousin sister from Ahmedabad who own cake shop and his uncle along with them he played me dirty and took divorce honestly I was not knowing he got uncle and sister living in Ahmedabad it’s only now I came to know, another thing in March this year the day he was going to go back uk he hit me badly suddenly unkonw 2mens came for him at police station and they did stocked me few days was scared still I am but truth police don’t help much I mean lady cop is disgusting she should not be working as she behaved as a men with me shame on her and one cop he was on civil clothes wanted to come and hit me I said come I go public show this is how police station works in mumbai, kindly help me with your advice and opinions or any kind of help you can give me thank you. Kindly help me.

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