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Shawna Hada   01 June 2021

Bigamy 494

if a govt employee marry to a girl while he is already married, in this situation what may b consequences.

will female employee b victim n does she loss her govt job in this situation?


please suggest


 11 Replies

Dr J C Vashista (Lawyer)     02 June 2021

Originally posted by : Shawna Hada
if a govt employee marry to a girl while he is already married, in this situation what may b consequences.will female employee b victim n does she loss her govt job in this situation?please suggest

The employee shall be issued with a charge sheet for initiation of disciplinary action against him/her.

The facts posted by you are vague and confusing, which do not confirm whether your query is on behalf of male or female employee ?

Further you did not specify whether both of them were already married or only "he" was already married ?

What is your status i.e., male or female ? 

What sort of suggestion do you expect ?

Is it a real story or academic exercise ?

Sankaranarayanan (Advocate)     02 June 2021

As simple as your query is vague. state the facts clearly.

Shawna Hada   02 June 2021

A married boy is suffering his marriage from 10 years . He is govt employee n has two kids.
His wife is very rude, abusive n disregards his parents n beats children unnecessary n threats to suicide.She has attempted suicide twice for fearing husband n in laws family . The boy has audio recordings also as evidence of her cruelty.
Boy wants divorce from her but she has strongly refused that's why He is suffering too much mentally .

He knows a girl for two years who is unmarried n govt employee n wants to marry with her.

if They get marriage without his divorce then what consequences may happen.
He doesn't afraid to loss his govt job only wants to save dat girl job so they can survive .

please suggest now

G.L.N. Prasad (Retired employee.)     02 June 2021

It all depends on your preferences and priorities.  Bigamy may cost your employment and further complications to both of you.  If there is no compromise between the married couple, though not socially acceptable living together with consensus is the only option to you as this is not a punishable offense.

Sankaranarayanan (Advocate)     02 June 2021

what religion he belongs too? 

if he is a Hindu then

While first wife is legally with him in matrimonial life  the second marriage is illegal

The thought of him is not only make problem to  his personal life but also  to his employment .

Based on the points his intention is plan to marry the girl and put blame on his wife seems.

so better to eradicate the plan and live with his first wife and solve the problem by amicable manner

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 June 2021

Section 494 of the IPC provides about “Bigamy” as thus “Whoever, having a husband or wife living, marries again 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”. Bigamy has been made outlawed as it is a non-cognizable as well as a bailable crime in India.

P. Venu (Advocate)     02 June 2021

Any suggestion depends upon the law under which the marriage is proposed.

pankaj verma   03 June 2021

yes...he will be convicted for that..9816374011

T. Kalaiselvan, Advocate (Advocate)     04 June 2021

The Supreme Court has ruled that government employees cannot have two wives simultaneously if service rules prohibit multiple spouses and a violator is liable to be sacked even if he happens to be a Muslim.

Section 494 of the IPC provides about “Bigamy” as thus “Whoever, having a husband or wife living, marries again 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”.

Vasundhara Singh (Student)     04 June 2021

Hello, Greetings of the day!  

The marriage between two people will be treated as valid if it is legal and follows all the essentials of the marriage. In the query, you have mentioned that the man is married to the woman for the past 10 years and it seems that it is a legal marriage. If the man is not happy with the marriage, he can apply for divorce on the grounds mentioned in the Act concerning his marriage.   

Before marrying another girl, it is necessary for him to get a divorce decree from the court if he is a Hindu. Section 5 of the Hindu Marriage Act, 1955 lays down that during the second marriage, the first spouse should not be alive or the marriage should be divorced. If this provision is not followed, the marriage will be invalid under Section 11 of the Act and punishable under section 17 of the Hindu Marriage Act, 1955.    

Bigamy is punishable under section 494 of the Indian Penal Code, 1860 and it applies to both men and women who practice bigamy. The proceedings under Section 494 of IPC can affect the image and job of both the parties and the accused party will be liable for punishment also.  

Best Regards,    

Vasundhara Singh   

Law Student   

Sudhir Kumar, Advocate (Advocate)     07 June 2021

Religino of the employee doe snot matter in such case.

 

Bigamous marriage besides being one of the pr0ofessional misconduct is also a violation of one of the basic terms and condition.  This condition is written in the offer of appointment and also on joining you were called upon to sign an undertaking to this effect that you do not have more than one living  spouse and will also not marry anyone who is having a living spouse.

 

In this case

 

(i) one male employee having undivorced wife wants to marry another lady - suitable candidate for dismissal from service.

 

and

 

(ii) one female empoloyee wants to marry a male already having a wife - suitable candidate for dismissal from service.


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