Published on: 28 September 2023 at 14:30 IST
Court: Supreme Court of India
Citation: Ilavarasan V. State (2023)
Honourable Supreme Court of India has held that Advocates being an Officers of the Court should not, while acting as counsel or advocates or their capacity as advocates, undertake or volunteer to solemnize marriages. However, in their capacity as friends or relatives of the intending spouses, their role as witnesses to the marriage is allowed.
9. The Court also notices the observations made by the impugned order, with respect to the role of the advocates. The concerns voiced by the High Court are not entirely unfounded. Advocates or lawyers have many capacities-one being Officers of the Court. Therefore, they should not, while acting as counsel or advocates or their capacity as advocates, undertake or volunteer to solemnize marriages.
That can well result in Advocates chambers or offices turning out to be matrimonial “establishment”- a consequence never intended-or perhaps never contemplated by law. However, in their capacity as friends or relatives of the intending spouses, their role as witnesses cannot be ruled out.
Drafted By Abhijit Mishra