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P.N.PRAKASH, J.

Sitting in the Habeas Corpus jurisdiction, we frequently came across cases filed by young men between 21 and 25 contending that, the given detenue is his wife having married and registered the marriage either in the Office of the Marriage Registrar, Chennai North (Joint-I) or Marriage Registrar, Royapuram, and further alleging that the parents are keeping the detenue in illegal custody.

2. On the strength of the Marriage Certificate produced by the petitioner, we were routinely issuing Rule Nisi for the production of the detenue in order to check if she was in the illegal custody of her parents. In several cases we found the detenue, when produced before us, telling that she has not undergone any solemnisation of marriage with the petitioner and even repudiated the very Certificate of Marriage as a bogus one.

8. Pursuant to the directions given on 05.12.2013, Mrs.M.V.Jaya Gowri, IPS, Superintendent of Police, CB-CID, Cyber Cell, Chennai was appointed as the Enquiry Officer by the Additional Director General of Police, CB-CID. Mrs.M.V.Jaya Gowri, IPS, conducted a thorough enquiry and submitted a Report dated 14.02.2014 to this Court. The Enquiry Officer has conducted enquiry in respect of marriages registered in the Offices of the Registrar of Marriages at Chennai North [Joint-I] and at Royapuram for the period from 01.01.2013 to 12.12.2013. In Annexure-I of the Report, she has given the names of 120 Advocates along with their office address, who have totally registered 1559 marriages during that period in the Office of the Registrar, Chennai North [Joint-1]. She has also given the number of marriages solemnised and registered by each Advocate on each working day in every month. For example, more number of marriages have been solemnised and registered during April, May and June when compared to other months. In April 2013-177; May 2013-214 and June 2013-284. In April 2013, Neelanarayanan, Advocate has solemnised and registered 24 marriages and on 15th April 2013 itself he has solemnised 8 marriages, as could be seen from Annexure-I. Similarly in Annexure-II, she has given the names of 48 Advocates who have totally solemnised and registered 1937 marriages in Royapuram Registrar Office between 01.01.2013 and 12.12.2013. Here also the peak season is April-164; May-169, June-100 and July-302. One Advocate by name S.Narasimhan, has solemnised and registered 16 marriages on 14th February, 2013.

"14. It is true that huge number of marriages were registered under Tamil Nadu Registration of Marriages Act 2009 in the Registrar office Royapuram since the Act was invoked and at the ORB, Chennai North a heavy increase in number of marriages registered under this Act in the year 2013. During this enquiry details of all the marriages registered both the Registrar's office at Royapuram and Chennai North (ORB) was obtained and it was found that in most of the cases the addresses of the parties to marriage are outside Chennai City only. Addresses of the parties to marriage belong to various districts of Tamil Nadu were selected and enquiry was conducted discreetly with the couples and their respective families and it was found that those marriages were registered at Chennai due to the following reasons.
iv) Out of 3313 marriages registered under Tamil Nadu Registration of Marriages Act 2009 in Royapuram in the year 2013 (upto 13.12.2013), 1937 marriages have been solemnized in the offices of the Advocates in the local jurisdiction and the certificates to that effect were issued by 48 various Advocates on various dates (as per Annexure-2)."

One Advocate by name, Loganathan has solemnised 205 marriages in 2013 in the G.T.Court Bar Association room.

10. Unlike Pandora, who unwittingly opened the box and let out the vermins, we consciously decided to open the can of worms keeping public interest in mind and for endeavouring to clean the Augean stable in the best interest of the Bar. Therefore, we appointed Mr.V.Raghavachari as amicus curiae to assist us and we also sought the assistance of Mr.R.C.Paul Kanagaraj, President of the Madras High Court Advocates Association and Mr.K.R.Tamizh Mani, President of the Madras Bar Association. We also issued notice to the Secretary, Bar Council of Tamil Nadu, who appointed Mr.S.Y.Masood, Advocate to represent the Bar Council. We furnished them a copy of the entire Report. We also issued notice to the Registrar of Marriages, Royapuram and Registrar of Marriages, Chennai North functioning under the Tamil Nadu Registration of Marriages Act, 2009. We permitted the stake holders to file counter affidavit, if any, in order to explain their stand vis-a-vis the Enquiry Report. Counter affidavits were filed on behalf of the Secretary, Bar Council of Tamil Nadu and Puducherry, Registrar of Marriages, Chennai North and Registrar of Marriages, Royapuram.