Bigamy
Mustafa Bhat
(Querist) 11 January 2015
This query is : Resolved
Sir,
I am a Muslim married to a Muslim lady in 2007, they lady right from the very first day of marriage was arrogant & used to abuse my parents, I beared all this with the hope that the lady will change, Out of wedlock two babies are born one is dead & other is alive, As the lady didnot changed her attitude & even didnot return to her matrimonial house after the birth of 2nd baby who is alive. then in December 2009 I posted Talqnama (Divorce)& conveyed her about the divorce, she refused to accept the registered post letter which was containing Talaqnama.Then in September 2010 I married with other lady.Immediately after that the first lady filled RCR, In reply to her RCR in court I submitted that the lady is already divorced & submitted the divorce deed also,the case was later dismissed by court on the ground that the counsel of plaintiff is not pressing for it.She also filled maintenances petition for baby as she herself is govt employ which I accepted to pay. She filled FIR for 498A & 406 also which is under trial in court. She filled complain in my office also for bigamous marriage,were in two enquirers were conducted, which my department call Primary enquiry,were in the enquire office has written that the employ has divorced his first & contracted 2nd marriage without seeking permission.Then the Administrative department forwarded my case to law department for legal opinion, the law department suggested that the employ be asked to produce some order from court or some judgement from court which will show that the divorce of employ is legal & has contracted his second after the divorce.
So on these point another enquiry has been ordered against me were in my head of department has been kept as enquiry officer.
Now, my submission is
1) were from I will get the court direction as I have not given divorce through court.
2) The lady has again filled an appeal in RCR, the lady has till date not challenged the divorce.
Please advise how I will get out of this trouble.
What steps I need to take.
Isaac Gabriel
(Expert) 11 January 2015
If the talqnama is a final order in this case,inform the fact to your office and the rejection of the same by her.Any way the second marriage ought to have been done duly adopting the procedure required for Government servants.
Biswanath Roy
(Expert) 15 January 2015
In Muslim marriage Muslim Personal Law (Sariah) is applicable. Talaq namah falls within Muslim Personal Law hence,if Talaq was given according to Sariah court order is not needed. Also according to Muslim Personal Law second marriage is legal. Allegation of Bigamy in your case will not be maintainable.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 January 2015
1) You have to raise the matter of talaq in ongoing cases.
2) In spite of being MUSLIM court can go always raise the veil that whether the alleged talaq was legal and is effective.
3) You say the talaqnana was sent by regd post and returned.Here again the deemed service as per section 27 of Gen clauses act is mostly mis understood.
You have to prove by credible evidence that the regd letter was posted at proper address at that time and it was containing talaqnama as per relevant custom.
5) Various High courts and particularly recently the Jammu and Kashmir HC has critically gone through and given guidelines in such matters.
4) All told the talaqnama is not legally communicated on the opponent. So all issues are open.
Guest
(Expert) 15 January 2015
Hi victim,
Your query gives clear contradictions in making sense whether you are a lady victim (wife) or a gent (husband) to whom the advice is needed.
As per your profile, you are a housewife and that is confirmed from your very first sentence of the query stating, "I am a Muslim married to a Muslim lady in 2007."
BUT to the contrary, you have stated, as like a husband, "in December 2009 I posted Talqnama (Divorce)& conveyed her about the divorce, she refused to accept the registered post letter which was containing Talaqnama.Then in September 2010 I MARRIED WITH OTHER LADY."
Again, you stated (as husband), "In reply to HER RCR in court I submitted that the lady is already divorced & submitted the divorce deed also."
But that is not the end, even after that you have sescribed the problem till the end, as if you are husband of the divorced lady.
SO, CAN YOU CLARIY, (1) IS IT A REAL PROBLEM OR MAKING FUN OF THE EXPERTS BY ADOPTING A PSEUDONIMOUS NAME, AS victim? (2) WHETHER YOU POSTED YOUR OWN PROBLEM? (3) WHETHER YOU POSTED THE PROBLEM, AS A TALAQSHUDA HUSBAND? or, (4) WHETHER YOU POSTED YOUR PROBLEM, AS A WIFE SEEKING RCR AS WELL AS DEPARTMENTAL ACTION AGAINST YOUR HUSBAND?
T. Kalaiselvan, Advocate
(Expert) 15 January 2015
The query can be further opined on the author clarifying the questions raised by expert Mr. Dhingra, who has very correctly observed those items raised as questions by him.Thus, if you are the affected lady, why dont you come out with fact so that you will get proper opinion straight away.
Mustafa Bhat
(Querist) 16 January 2015
Sir
I have cleared it on PM of Kalaiselvan previously,that I am Man who has divorced his wife in 2009.
Guest
(Expert) 16 January 2015
If you are a man, why not change contents of your profile, where you have shown yourself, as a "housewife"?
Guest
(Expert) 16 January 2015
About your query on talaq, you have not mentioned whether you adopted the right process of talaq by involving Islamic Shari’a Council for making your talaqnama, duly signed in front of two witnesses, or not and whether your wife was duly notified by the Council of the proceedings by letter.
In fact, you are in two pronged problem at at two different organisations at the same time, (1) the court of law with legal problem, and (2) your department in connection with breach of employees conduct and discipline of being bigamy. Both the processes would be separate from each other.
Legally, you will have to prove in the court if the talaq was given by adopting due process of talaq to get recognised as a talaqshuda person.
On the other hand, you have to defend your position administratively in your own department to get yourself exonerated of the charge as a bigamy employee by presenting all the documents pertaining to the process you adopted with the support of the Islamic Shari’a Council. But in this case you will have to prove that your talaq as per Sharia was complete before getting married second time.
Mustafa Bhat
(Querist) 18 January 2015
Sir,
But in court they have not challenged the divorce yet,She filed RCR, I pleaded my divorce, she later didnot pressed for RCR, & case was dismissed, after inquiry was ordered by department she appealed against the order of RCR in higher court
Guest
(Expert) 18 January 2015
You are still trying to make a wrong mix-up of the court case and your departmental case. You have already been advised sufficiently to deal with two cases differently, as they cannot be inter-linked at any stage, except that if proved bigamy by the court, the department would be compelled to dismiss you based on the court verdict.
