Chennai: In 2013, in Chennai’s family courts, 134 cases related to annulment of marriage were on the grounds that the marriage certificate was fraudulent.
With 168 lawyers doubling up as priests according to a report submitted in the Madras high court, a division bench comprising justice S. Rajeswaran and P.N. Prakash has raised questions on what action could be taken against the advocate-cum-priests.
The bench was dealing with petitions from two men who alleged that their wives were being kept in illegal custody by their parents. They also produced their wedding registration certificates to back their claims, but then, their brides disowned them. And it turned out that the certificates were fake.
“When the prestige of the legal profession falls, it does not fall alone it takes with it the entire court system to the crematorium and on the funeral pyre,
there will be dance of anarchy. A priest-cum-lawyer will also be liable for disciplinary action before the bar council, on the complaint of the aggrieved,”the bench pointed out
Rule 47 of the standards of Professional Conduct and Etiquette framed by the Bar Council of India, states that an advocate shall not personally engage in any business. “In our view, such large-scale solemnisation and registration of marriages by advocates is a business and it is prohibited by Rule 47,” the bench added.
The bench said it was the duty of the legal community to foster and encourage inter-religious and inter-caste marriages for bringing social harmony and breaking the rigours of the caste system.
It is unfortunate for it to look upon such youngsters as potential clients and adorn the role of a priest and issue a marriage certificate, as if the marriage was solemnised in the lawyer's office or in the bar association room. Neither the office of an advocate nor the bar association room is a public place and entry into it is only by licence, the bench added.
When contacted, Mr D. Selvam, chairman, Bar Council of Tamil Nadu and Puducherry (BCTP), told Deccan Chronicle that if the aggrieved party gives a complaint, the BCTP will take action in accordance with law. So far, we have not received any complaint against any advocate.
In genuine cases, we cannot say advocates solemnising marriages and getting them registered as a professional misconduct. Suppose the advocate solemnises the marriage without knowing a party to the marriage personally and in her/his absence, then it will amount to professional misconduct and
BCTP will take action against them, he added.
