Observing that it has got a duty to protect women, the Madras High Court has held that marriages "performed in secrecy in the office of advocates and Bar Association Rooms" cannot amount to solemnisation within the meaning of the Hindu Marriage Act.
A Division Bench, comprising Justice S Rajeswaran and Justice P.N.Prakash, in its order, said "We hold that the certificate of solemnisation issued by advocates will not be proof of solemnisation of marriage in a matrimonial dispute."
The bench made it clear that "no registration of marriage can be done under the Tamil Nadu Registration of Marriages Act 2009 without the physical presence of the parties to the marriage before the Registrar, except under special circumstances after recording reasons."
The bench making it clear that neither the act nor the rules insist upon the presence of the priest during the Registration of Marriages, said "There is no question of law or legal question involved in such an enquiry for the advocate to be present and give clarification to the Registrar of Marriages. We find there is no scope for the presence of the Lawyer-cum-Priest for effecting registration of a marriage."
The bench was deciding on two Habeas Corpus Petitions before it in which it became suspicious with regard to the marriage certificates produced and the alleged marriages performed by advocates in their office premises.
"The marriages performed in secrecy in the chambers of Advocates and Bar Association Rooms, will not amount to solemnisation and only women who are victims of such marriage can question the same in matrimonial proceedings before the appropriate court as a question of fact.
