Bigamy
MG N RAO
(Querist) 05 April 2013
This query is : Resolved
sir, i am a govt. servant and my wife is also a govt servant. we got re-married officially in april 2007 after divorce of first marraige in both our cases my wife divorced in 2002 and me in 2006 by mutual consent but my decree was in feb 2007. we got our marraige registered in april 2007. we have a son born in sept 2007 and it has been accepted on record. now, we both were in same office later i got a new posting to chennai and my wife applied for transfer in 2011 and at the behest of SHRC she could join me which they have taken it personal. now, she qualified for her promotion through departmental test and they now out of the blue say that you have a vigilance case pending against you and since then initiated the proceedings on the grounds of bigamy saying the birth of child is not as as per natural approach and hence being govt. servants knowingly committed the offence of bigamous marraige even though we gave a registered marraige certificate which says that april 2007 is our marraige saying that it cannot be considered as it apperas from the birth of son that you have contacted marraige in and around jan 2007 the evidence shown is my wife's discharge report of my son's delivery where the date of conceiving is reflected and probable date of delivery is shown.now, does that amount to bigamy.2. can they refuse the certificate of marraige issued by registrar of marraige which shows marraige as April 2007. 3. I left the organisation in 2010 and they are refusing to forward my past services saying that a case is pending against me as well no action.4. how to defend 5. can we approach CAT chennai for quashing the disciplinary proceedings now itself or wait for the final decision it now appears that they want to remove my wife from service. please suggest.the case is cooked up one because of our approach to SHRC for effecting the transfer and it is a vendetta agaisnt us and misuse of office cam we give a counter complaint to CVC against the official kindly suggest.
Anirudh
(Expert) 05 April 2013
The Department should be told that there cannot be any presumption that just because a child was conceived by a lady, there has been a marriage between the male and the lady. A marriage can be solemnised even after conceiving the child. There is no legal bar. The question is when was the marriage officially solemnised. From the facts revealed by you, it seems to have been solemnised when you both had obtained divorce from your respective earlier marriage.
As regards approaching CAT at this juncture, better consult a local lawyer with all your papers and then decide.
MG N RAO
(Querist) 05 April 2013
CAN ANYONE SUGGEST A GOOD LAWYER IN CHENNAI AS WE ARE VERY NEW TO THIS PLACE WE WANT SOME BODY WHO CARES FOR OTHERS NOT THE SQUEEZING TYPE OFTEN FOUND KINDLY GIVE THE CONTACT DETAILS AND ALSO REFERENCE
MG N RAO
(Querist) 05 April 2013
CAN I BE A DEFENCE ASSISTANT FOR MY WIFE IN PROCEEDINGS AND ALSO ACT AS A WITNESS IF SO HOW TO COUNTER THE ALLEGATIONS BY QUESTIONS WHAT TYPE TO BE PUT
ajay sethi
(Expert) 05 April 2013
contact Mr arunagiri from LCI .he is from chennai
MG N RAO
(Querist) 05 April 2013
please provide Mr arungiri's address and contact details if availble with u sethi sir
Adv. Chandrasekhar
(Expert) 05 April 2013
people quite often confuse between bigamy and adultery. In your case, as per the narration of the facts, it is not bigamy and it is adultery, as you did not get divorce decree at the time when you had physical relationship. It does not give scope any departmental action against you or your present wife as she had no encumberance at the time of her relationship with you, as she was divorced as long back as in 2002. The facts themselves show your innocence and the malafide intentions of the administration and vendetta against you for any reason whatsoever. So, you come out clean as the allegation of "moral turpitude" also cannot stick against you. Engage the good advocate as suggested by my above friends.
You cannot represent your wife in CAT. But, if department's rules permit, you can appear in the departmental enquiry. Even though you are husband, you can appear as witness to depose the facts, but in CAT, evidence is not taken and the pleadings supported by affidavit are taken for adjudication. Hence, question of appearing as witness in CAT does not arise.
