Matrimonial
Maulin Shah
(Querist) 23 April 2012
This query is : Resolved
Please Cancel the Previous query and reply this query.
Mr. "A"(husband) married with "B" (first wife) before 1986. He again married with "C’’(Second wife) in 1986 through registered marriage mentioning in the application form that he (mr.A) is unmarried B(first wife) has three children today and "C" (Second wife) has two children . There was a mutual understanding (agreement) between A & B in the civil court that "A" will give some maintenance to B alongwith residential house and 2 vigha land, A is doing job in Secondary School sine 1990, Some or other reason dispute arise between "A&"B" for land which was not handed over by "A" to "B" and maintenance not increased. The complain made to the Collector and District Education Officer(DEO) Panchmahals regarding Poly.gamy. which is proved in the family Court and court passed order that "A" has two wives. The matter filed by "A" before Guj. High Court and High court dismissed the appeal and cofirm the order of family court. Now Enquiry Committee is appointed as per advise of D.E.O. Now as per our opinion for "A" it is a moral turputide, and as it is moral tunpitide as per Guj.Secondary Education Act & Bombay Service rules, he should be dismiss. Whether we are right i.e. whether we can dismiss. Mr. A. Whether there is any loss to the institutional school? Please advise
Your honour have given a opinion as under :
You being management are duty bound to maintain your discipline and take appropriate action against A. The only action in such situation can be DISMISSAL FROM SERVICE WITH IMMEDIATE EFFECT.
Expert Pradeepkumar has opined as under :-
Mr.Makkd is correct, take a step further, according to Hindu Marriage Act, 1955, 2nd marriage without divorce from the earlier partner, or death of earlier partner is illegal. Though Hon'ble Family Court orders are there, but it has to be seen whether under the said rules, for such an act of an employee a inquiry is required or he could be dismissed straightway. If enquiry is prescribed, then go issue a chargesheet, hold proper inquiry and only thereafter take action such as dismissal, that too do not show in advance your intensions to do so.
Expert Mr. P.S.Dhingra also endorsed the view :
- Now under following circumstances , what will be the position :
"B" (First wife) has filed a suit before 1999 against "A" (her husband) who remarried with "C" (Second wife) without divorce. but suit dismissed for some or other reason No appeal filed.
Again filed a criminal complain by "B" (First wife) against "A" (Hunband) and "C" (Second wife) u/s 494. The complain was dismissed and Mr."B" and Mr."C" (Second wife) were acquitted. No appeal was filed. Mr. A husband filed a suit against B(first wife) stating that B is not legally married wife. In the Suit following issues were framed.
(1) Whether the plaintiff proves that the Defendant is not legally wife of him ? - In negative
(2) Whether the plaintiff proves that the Defendant has filed false cases for harassing and grabbing money from him ?
- In Negative
(3) Whether the Defendant proves that the marriage life goes 11 years and during wed-lock, three children, namely, Bhavisha, Jalpa and son Utpal were born ? - In affirmative
(4) Whether the Defendant proves that plaint of Plaintiff is not tenable ? - In affirmative
(5) Whether the Plaintiff is entitled to get a prayed as prayed for ? - In negative
(6) What order and decree ? - As per Final Order.
After family court has observed as under order dated : 29/1/2011. :
The Defendant "B"(First Wife) has every reason to stay separate from plaintiff. The plaintiff "A"(Husband) is remarried and no woman can stay with another woman. The plaintiff is a legal husband of the Defendant.
The High court dismiss the appeal filed against family court judgment and confirm that "A" is remarried.
In this matter Mr."A" is remarried or not may not be a issue in the family court but it is proved in the family court as per observation that Mr."A" in remarried and according to Hindu Marriage Act, 1955 2nd Marriage without divorce from the earlier partner is illegal. No actions were taken and therefore the complain by "B" (First wife)
Whether any punishment can be imposed under above observations of the Court. - Enquiry Committee has only to decide the matter that whether action like dismissal can be taken ? We think that we can dismiss and enquiry committee can give report accordingly.
Your honour is requested to opine.
ajay sethi
(Expert) 23 April 2012
since A has remarried during subsistnece of first marriage and has found guilty of offence involving moral terpitude then you can dismiss him from service if it is permissible under rules after concting proper inquiry and granting him a personal hearing
Shonee Kapoor
(Expert) 23 April 2012
he can be dismissed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 23 April 2012
There is no additional issue from your side and reply by experts has already been given to you. A is required to be dismissed from his service without much delay.
