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Husband got remarried without getting divorse

Page no : 4

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     23 December 2011

 

If any permanent employee is suspended pending Domestic Inquiry [for disciplinary action]

That Employee is the Luckiest one:

 

He get Full Salary with all yearly rise & Leave , after 90 days throughout his Life, until inquiry conclude [Usually Lifetime, and when challenged the decision, even after his retirement age is over]

He earns without working.

He saves on transport, can do something else & earn in no. 2 a/c; Less I Tax, Only go to office/ works  once in month to collect their salary [ if not through Bank] & JUST ENJOY!!I Industrial Dispute/ Labour Law Protects, even murderers, who, after their acquittal, rare re-instated, with full wages, and he already Relaxed all 10-15  years of trial  in Court. 

Shantanu Wavhal (Worker)     23 December 2011

@ v r shroff sir, 

 

Amazing !!

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 December 2011

This is not a case related to marriage. But saying it here just as a reply to what Advocate

Shroff observed.

There was or probably there is one Mr. Subba Rao. He may be Dr. Subba Rao also by now. He was an officer with Indian Navy deputed to Bhabha Atomic Research Centre to be associated with  a Nuclear Submarine Project several decades ago. Then there was news item in all major English newspapers, that Mr. Subba Rao was intercepted by the customs, while trying to go abroad with sensitive literature. He was arrested and jailed. In India, punishment is always before the trial, because after the trial, which may go on for several years, the accused will either be acquitted or if at all found guilty, his pre-trial imprisonment will be set off against the punishment awarded to him. Immediately after he was arrested, Indian Navy removed him from service. I do not know exactly whether he was suspended or dismissed. Though the customs seized the material, they did not whether they were sensitive or not. But since the name BARC was on the papers, they referred them to BARC to know whether they were of a sensitive nature or not. I think Subba Rao’s former bosses in BARC either kept mum or gave some ambiguous reply. The trial went on for years and he was sentenced to imprisonment by the lower court. He went on appeal to the High Court, but lost the case. Then he went to the Supreme Court. The Apex  Court not only honorably acquitted him with order for reinstatement, back wages and compensation for all his sufferings, but also passed heavy strictures on his former bosses at BARC. The literature caught by the customs were published literature available to anybody who wanted them.

Would Mr.Shroff say that Mr. Subba Rao was lucky and earned for a lifetime without doing any work and cooling his heels in jail? Anyway Mr. Subba Rao himself doesn’t seem to think so. He is a bitter man today.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     17 January 2012

This is only my Opinion, and I had not gone thru this News:

This BARC story is of National Importance, and a crime. is is not Dept. Inquiry, or allegation of Wife for Bigamy or 494, which affect only a particuar person, thughv State case under IPC; 

As you informed, he was aquitted, and had full back wages paid. 

If Bail granted, he would have enjoyed whole Life getting full salary w/o work.

All are not Doctorate, and we were discussng common persons, whom nobody know in public. 

They are not that sensitive, as Lakhs of such Domestic Inquiry going on. They only go to work to be paid to un hiouse expences, and have no further Life Objective. 

Even Subba Rao, and his superiors, must have been involved in Anti Social  activity, and as caught, by other than their Dept, that created problem. 

So this case is a special case, not connected with General cases. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 January 2012

The BARC case of Mr. Subba Rao was of National importance.  No one disputed that. I did not say that if the allegations were proven true, it would have been on par with a case of bigamy, in seriousness.  My answer was to the statement that a Government Servant, if he was charge sheeted and later let out on bail, would enjoy life getting life-long salary without working.

In BARC even at very low levels like tradesmen, they hope for promotions and career advancement. Promotions are not against vacancies unlike in other Government Departments or even private organizations. It is just to reward in recognition of the performance of the person.  If they remain outside for whatever reason, at the most they will get back wages based on the last pay drawn. Most persons have some qualifications like a diploma or a certificate course recognized by the Government. Mr. Subba Rao was also only a common person not known to the public. He became known or rather infamous because of the case.

To say that Mr. Subba Rao and his bosses would have been involved in anti-social activities is an unfortunate statement, wholly unwarranted. One should not engage in character assassination behind the back of others, and that too just to win an argument.

We have deviated too far from the original post.

dr.pawan rajyan (member and secretory)     13 February 2012

shroff sir is right.one of my sr. doctor also had done the same thing.girl's father was a THESILDAAR and girl posses ego for it ,besides she is also doctor. husband filed rcr but girl filed 498a/dv/maintainance.he withdrawned rcr and filed divorce after one year(couple have no kids).boy remarried without leaving proof. for 8 months neither he  picked phonecalls nor be present at house.nobody knows where he lost.THESILDAAR SHAAB  ne dhundhana suru kiya 1.5 years after they get information about it. boy had remarried with a simple girl from simple but decent family taking ic confidence of relatives(,having a male child ).,,working in other city as R.M.O. in a pvt. hospital.case of BIGAMY is also filed, ........5years had passed. now THESILDAAR SHAAB IS WANDERING SOMEHOW A PATCHUP .............WHAT HOW......? ???????? 

Chaitanya_Lawyer_Mumbai (Lawyer)     13 February 2012

What kind of patch is expected if the husband is happily married second time & having a child? 

The girl can file for divorce on desertion & cruelty grounds.

Shantanu Wavhal (Worker)     13 February 2012

Bigamy - Punishment - Judgement

 

Shantanu Wavhal (Worker)     13 February 2012

Bigamy - Punishment - Judgement


Attached File : 1029850565 mumbai hc remanded bigamy case back to asj court in pune and convicted husband of charges of bigamy.pdf downloaded: 123 times

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     15 February 2012

EXEPTION IN STRAY CASES; DUE TO SOME OTHER REASONS CANNOT BECOME RULE

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 February 2012

I visited the website cited by Mr. Amit. It is narration of the case in the lower court which acquitted the person accused of bigamy.

I did not see anything about the case going to High Court. In fact I visited the site twice.

bail498 (Junior Advocate)     18 February 2012

If child born with relation with second wife without getting divorce,newborn child's fathers name comes behind it in Birth Certificate and mother name also in birth certificate.If first wife produce that copy of birth certificate in the court to prove Bigmay in the court then what?

Can she also applied for DNA test of new born child/his father?

rajiv_lodha (zz)     18 February 2012

1. This is ADULTRY & NOT BIGAMY

2. Forget about court getting DNA, u know old folk....N D Tiwari. That stud giving jerks to SC too.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 February 2012

No please. It would not be adultery as defined under IPC - Sec: 497. However a birth certificate cannot be proof of a second marriage either.

As regards ND Tiwari probably even in the eyes of the Supreme Court some people are more equal than others. Why did not the court transfer the burden of proof to Tiwari?

In the Tansi land case the Supreme Court appealed to the conscience of Jayalalitha, instead of awarding punishment. Probably that was the first instance in the history of mankind that an appeal was made in the opposite direction. Generally litigants appeal to a court.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     20 February 2012

AMIT,

IN THE CASE LAW CITATON ,

HIS SECOND WIFE WENT AGAINST HUSBAND. 

IT IS RARE AND EXCEPTIONAL..

 

EVEN WATER STYARTS EXANDING ON COOLING AT 4c, AND CALLED ICE. , IT FLOATS.

IT DOES NOT BECOME GENERAL RULE. IT S EXCEPTION, and Exceptiona are every where!!but they are less than 2%, stay incidences. They are negligible.

 

And children of such illegals are never illegal. They get their usual rights.

 

Just a Proof of child's Parent's name in certificate cannot prove legal & valid marriage. 

 

There are thousands of unmarried  mothers in foreign countries, and even in India.