Aftab4u
(Querist) 04 November 2012
This query is : Resolved
Dear Experts,
What is the eligibility to take paternity leave, my friend who is a govt servant has availed the paternity leave but his concerned officers are saying that he is not eligible for the said leave as his first marriage has dissovled in 2009 and he got the govt job in 2011 after getting the job he got married and blessed with a baby.
Noe the first wife came to know he got the govt job has come to the office and told all sh*t to the concerned officers now they are saying to include the name of the first wife in the service register. My friend clearly told that the divorse is over and showed the judgements of family court, high court and divorse certificate issued by the govt qazi but still they are not accepting it.
in service register first they have included the name of the second wife now they are saying that i should remove her name....is the officers authorized that whom ever they nominate i should include their name?
The officers have taken some bribe and torturing my friend....Pls advice how can we get rid out of this problem.
Marriage performed according to muslim personal law and marriage dissolved as per the muslim personal law.
she filed a lot of false cases and the judge of family court also stated that monogamy doesnt followed by the personal law again and muslim can have 4 wives at time.
my question is that how can she interfere in the service matters when she is nomore my wife. what is the legal remedy for us.
ajay sethi
(Expert) 04 November 2012
if you have got decree of divorce and order of family court for divorce then authorites cannot include the first wife name as there is no marriage subsisting
Guest
(Expert) 04 November 2012
Officials in Government Deprtments are not usually aware of legal implications of Muslim Personal Law. So, it would be better for you to take legal divorce to satisfy the departmental authorities. However, in the meanwhile, you may give in writing to your recruiting authority that your marriage had already been dissorved as per Muslim Personal Law and that your divorced wife does not have any right to interfere in your personal or official life.
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