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Husband got remarried without getting divorse

Page no : 3

Shantanu Wavhal (Worker)     20 December 2011

@ Dhaval


I have sent PM to u.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 December 2011

@ Mr. Gautam and Mr. Shroff ,  who have reacted to my post.

What I mentioned was not IPC-494 or any other law of the land. It was just “Government Servants’ Conduct Rules”. What the Government would do is only first suspend the person and then dismiss him. I know cases, where the Government has done this for mere live-in-relationships. The Conduct Rules say that any kind “relationship” with another woman when there is a legally wedded wife living is an act “unbecoming of a government servant”. The aggrieved person can go to court. But everyone knows what it would be like to get remedy through a court. Most often the person is induced to submit resignation or, if eligible, to take voluntary retirement. In any case the person will not be sent to jail. Only a court can do that. Of course any Government servant, who is in the good books of the bosses or the son or daughter of an influential politician, can do anything. Conduct Rules can do them nothing.

As for what constitutes a marriage, particularly in the case of Hindus, there is utter confusion in the country. Hindu Marriage Act recognizes even customary marriages. There are thousands of communities and thousands of customs. It is not necessary to register to make a Hindu marriage valid.  In Tamilnadu, as a policy to encourage inter-caste marriages, even Police Stations are authorized to perform marriages. Such a necessity comes when parents object.

The validity or otherwise of a marriage comes into question in two types of situations. In one case the couple or one of them claims that they are married. In the second case the couple or a third party claims that they are not married or if there was a marriage it was not valid. It is easier to disprove a marriage than to prove,

Aishwarya (Teacher)     20 December 2011

OMG !..its confusing almost for me to understand all these issues..uffff...still id try..

 I too think that its not necessary that govt. bosses take action against that person just because someone entered someday and said such things about him or her.

.it might be that even they may ask the person who complains to give proof of their allegation like a copy of police complaint or some thing else.. before the boss initiates some grave steps like dismissing that person from service ..

And just my view.. concerns like "second marriage"  or other similar kinds..are not as big issues for them to consider that they would terminate a person from job or even suspend him her or to make him her prove it..just coz a person said so about them..

Shantanu Wavhal (Worker)     20 December 2011

 

IPC 494 : 

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

 

Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, ...

 

 

so doesnt IPC 494 talks about contracting marriage (performing marriage ceremony) for the 2nd time ??

bail498 (Junior Advocate)     21 December 2011

Dear All,

From all the discussions I found that First wife cannot complint under IPC-494 against her husband without proof of second marriage.

But,if she apply under 498a,DV act by giving statement that I went to my husband house on so and so date.These all people including second wife had beaten me.Then appy under 498a,DV act agaist all including second wife...What could be done?   

Shantanu Wavhal (Worker)     21 December 2011

both wives can file bigamy - no proofs needed to file bigamy case

proofs needed to prove bigamy

first wife can file - 498a, DV, bigamy

2nd wife can file - DV, bigamy

both wives can file - maintenance

1 Like

Shantanu Wavhal (Worker)     21 December 2011

if first wife files cases, only option available is - 

FACE THE SITUATION.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 December 2011

Madam Aishwarya:

If Government gets information, false or true, they have to send a show cause notice to the employee why his or her service cannot be terminated, stating the reason therefor. What reply the person  gives would depend on the person concerned. If he contests the notice and if the authorities have sufficient reason to suspect, they will order a Departmental enquiry and that will be bad publicity for the Government Servant. The persons who hold the Departmental enquiry need not have legal qualifications. They do not go by the Indian Evidence Act. They may not even know that there is sush an Act. After all the enquiries are over if the Committee feels that the person has really married a second time, termination order will be issued. Then the Government Servant will have to go out and fight from outside. Most people do not want a stigma attached to their leaving the job. So they "voluntarily" submit resignation.

The informer need not be another Government Servant. It will be just any person who has a vested interest in taking action against the Government Servant. He or she will make all efforts to collect evidence.

The question is not whether it is a big issue for the authoties. They are bound to act as the Conduct Rules prescribe.

When joined Government Service I had to give a declaration that I did not have more than one wife living. And, believe me, it was true also.

1 Like

Shantanu Wavhal (Worker)     21 December 2011

@ Dr. MPS RAMANI, 


Thank you sir, 


this imformation is very much useful for me.

Aishwarya (Teacher)     21 December 2011

 thanku ramani sir for explaining about legal aspects..

I just wanted to ask more about this as per my level of understanding the issue here..

even before the court takes into notice this crime, the boss of this person will ask him her to show some cause or reply as to why he did something like that..before or after the court knowing it..?

then anyone can file a complain...

way tooo confusing ..

Shantanu Wavhal (Worker)     21 December 2011

1) first show cause notice will be issued.

2) if the respondent is successful in giving satisfactory explanation, then he may be exempted; otherwise executed.

3) if respondent feels that the dismissal action taken against him is injust, he may approach court and challenge his dismissal.


am i clear explaining this ?? 

Kindly enlighten. 

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     22 December 2011

 

Today, I know cases, going on for years, without getting justice, Lakhs of citizens of India hate Indian laws and Indian courts, INDIAN POLITICIANS, INDIAN POLICE, and also all of us, INDIAN LAWYERS. ! WHY?? 

Shantanu Wavhal (Worker)     22 December 2011

@ V. R. Shroff Sir, 

 

lethargy !! what else !!!


(Guest)

 

@ Mr Ramani

What I mentioned was not IPC-494 or any other law of the land. It was just “Government Servants’ Conduct Rules”. What the Government would do is only first suspend the person and then dismiss him. I know cases, where the Government has done this for mere live-in-relationships. The Conduct Rules say that any kind “relationship” with another woman when there is a legally wedded wife living is an act “unbecoming of a government servant”.

 

Impossible Ramani sir. Govt jobs are tough to get and tougher to loss. mere complain will attract only departmental Enquiry. All are their own men. Lot of IAS/IPS, babus & chaprasis have 2 wives without problem, you can search your surroundings. What about Politicians & lawmakers? Ramvilas Paswan has 2 wives. One in village another in Delhi, whose son is now actor. He is preaching lot about dalit and women upliftment.

Shantanu Wavhal (Worker)     22 December 2011

@ Debashis88, 

 

being in existance and being legitimate - aren't these 2 different entities ??