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nawaz (HR)     17 November 2012

Bigamous marriage

 

Respected Sir / Madam

My sister married in 2000 as per Muslim Law after 3 months in laws started torture for more money. After one year she given birth for girl keeping so many reasons he left her in her parent house. After that they kept 498 A Case on him in 2005. The same person did second marriage in Karnataka in 2010 we came to know that in 2012. He is Government Teacher in Andhra Pradesh; we have second marriage certificate and other documents. Please advice me in this regard. How to proceed further in this case?

Please mail me nawaz119@gmail.com



Learning

 6 Replies

Chetan Joshi (Advisory/Advocacy)     18 November 2012

Hey Nawaz....What is the issue?

 

Bigamy is allowed under muslim law.....

Nitish Banka (lawyer)     18 November 2012

 

IF THE FIRST MARRIAGE HELD UNDER THE SHARIAT, THE MOHAMEDAN HUSBAND HAS THE LEGAL RIGHT TO DO SECOND MARRIAGE

rajiv_lodha (zz)     18 November 2012

Yes, nothing illegal about it. All this husband needs is to pay the previous wife money + upkeep

nawaz (HR)     20 November 2012

 

Respected Sir / Madam  

I need your valuable advices and suggestions in this case. My sister married in 2000 as per Muslim Law after 3 months in laws started torture for more money. After one year she gave birth for girl. Keeping so many reasons he left her in her parent house.

·        She kept 498 A case on him in 2005.

·        Still that case going on in the Court

·        He is Government Employee (Secondary Teacher) from Andhra Pradesh.

·        That person again married in 2010 (second marriage in Karnataka)

·        Very recently we came to know this and now we have second marriage certificates

·        Muslim Govt employee’s second marriage illegal: Supreme Court

·        we want file the case under this IPC it is wrong or Right IPC 415/ 420/494/496  

I am hoping positive respond from your end

Please give your suggestions 

k.chandrasekharan (advocate)     21 November 2012

Any judgement of any court can not be applied to any case. The facts and circumstances of a case have a major role in the decision. The enunciation of legal principles by way of definitive ruling only wioll have common applicability.

The personal law right for polygamy operates in the social sphere and may have applicability for property rights, maintenance obligations, minor's rights etc.

Service law operates in a different sphere. Any employment is governed by contractual terms between the employer and the employee. Some labour welfare and regulatory laws too have additional applicability. Standing orders, service regulations, civil service fundamental rules etc have statutory validity as subordinate legislation. An employee is governed by all these laws,rules,regulations and orders.

Most states have extended applicability of the civil service rules, to teaching and other staff working in government/local body run educational institutions as well as government aided schools.

If the rules applicable to the employee in question, prohibit polygamy as a service condition and violation thereof as a misconduct punishable under the applicable discine and appeal regulations, then the said employee's second marriage would become a violation of service terms.

The remedy: A complaint to the District Educational Officer, of the district, where the person in question, is working, may be filed, with copies of available records of both marriages. A copy of the complaint may be filed with the Directorate of Secondary Education, or Directorate of Higher Secondary education, as the case may be. The request at the end should be for initiation of disciplinary proceedings against the said employee.

There is no need to quote the applicable rule. The department will process the complaint and if the rules do provide so, issue a show cause notice, followed by further disciplinary action.

In case no reply to the complaint is received within a reasonable time, say three months, a reminder may be sent seeking a response say in two weeks' time. If no reply is received, an application under the RTI act, mat be filed with the Public Information Officer of the Education Department. In about two months' time reply would be received.If not an appolication to the Appellate Authority of the ame department under the RTI Act may be filed.

All these will result in obtaining information about action taken on the complaint.

The end result that may be expected in the best of the circumstances is that a charge memorandum would be issued to the employee, followed by a domestic inquiry. The complainant may be called upon to be a witness. If found guilty, the maximum penalty is normally imposed by way of dismissal from service. At that point, the judgement of the Apex Court quoted may be relied upon by the Disciplinary Authority,.

Sudhir Kumar, Advocate (Advocate)     22 November 2012

Govt employee cannt hve second marriage evenif Muslim. So the person is liable for discipliary action.


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