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This law rocks ! _bigamy not allowed for govt servants(fema)

The Central Civil Services (Conduct) Rules, 1964

RULE 21. RESTRICTION REGARDING MARRIAGE:

Government of India Decisions

(1) Procedure for dealing with requests from Government servants for permission to remarry while first wife is still living.

Cases under this rule have been referred to the Home Ministry for advice whether the permission sought should be given, without any preliminary enquiry into the facts alleged. Such references have caused unnecessary loss of time as no advice can be given without ascertaining to what extent the facts alleged are correct. It is, therefore, requested that before such cases are referred to the Home Ministry, the Ministry or Department concerned should cause an enquiry to be made on the following lines.

The first point to be scrutinized when an application for permission is received is whether such marriage is permissible under the personal law applicable to the applicant. If so, the question arises whether there are sufficient grounds for allowing an exception to Government’s general policy. The alleged grounds given in support of the request should be scrutinized to see whether the allegations are true and well-founded. In case the wife also joins the applicant, it should be ascertained whether she has willingly consented and whether any letter etc., purporting to proceed from her is genuine and is the outcome of her own free will. For this purpose, higher officers in the department concerned may, if necessary send for the applicant and his wife and make personal enquiries. Where the first wife’s views have not been stated, they should, if possible, be ascertained. If permission is sought on grounds of alleged sickness of the wife, as much information as possible should be obtained in consultation with the medical authorities. The arrangements made by the husband for the maintenance of the first wife should also be ascertained and it should examine whether they are satisfactory.

It is requested that the procedure suggested should be brought to the notice of all the subordinate authorities who may have occasion to deal with such cases.

[MHA OM No. 219/51-Ests. dated 16.02.1955]

(2) Inclusion of a provision in all rules of recruitment to the effect that the restrictions against bigamy will apply to female Government servants also.

The Central Civil Services (Conduct) Rules, 1955 have now been amended by incorporating therein the following further provision as rule 18 (2) (now rule 21):-

“No female Government shall marry any person who has a wife living without first obtaining the permission of Government.”

2. The above principle should govern the recruitment and conditions of service of central Government servants. Accordingly, a provision to the effect that no female candidate who has married a person having already a wife living, will be eligible for recruitment to a service or post unless Government specially exempt such a candidate from the operation of this provision, may be added by the Ministries etc., in rules or orders relating to recruitment to services and posts with which they are concerned.

[MHA OM No. 25/5/55-Ests., dated 31.05.1956]

(3) Form of declaration to be obtained from new entrants regarding their having one or more than one wife.

Attention is invited to paragraph 3 of this Ministry’s Office Memorandum No. 219-51-Ests., dated the 16th October, 1954 regarding plural marriage of Government servants. It was prescribed therein that candidates for employment should be asked to indicate whether they had more than one wife living and that, if it transpired that a declaration in the negative given by a Government servant was incorrect, he would be liable to be dismissed from service. A model form for obtaining a declaration from new entrants is attached to this Office Memorandum. It will be seen that the declaration will apply to new entrants of both s*xes. It is, accordingly, requested that necessary instructions may be given to appointing authorities under the control of the Ministry of Finance, etc. that a declaration as in the attached form should be obtained from every entrants to Government service hereafter.

[MHA OM No. 25/52/57-Ests.(A), dated 02.01.1958]

DECLARATION TO BE OBTAINED FROM NEW ENTRANTS TO GOVERNMENT SERVICE

[As amended by MHA OM No. 25/37/69-Ests.(A), dated 22.04.1970]

1. I, Shri/Shrimati/Kumari ……………………… declare as under:-

(i) * That I am unmarried/a widower/a widow;

(ii) * That I am married and have only one spouse living;

(iii) * That I have entered into or contracted a marriage with a person having a spouse living. Application for grant of exemption is enclosed.

(iv) That I have entered into and contracted a marriage with another person during the life-time of my spouse. Application for grant of exemption is enclosed.

2. I solemnly affirm that the above declaration is true and I understand that in the event of the declaration being found to be incorrect after my appointment, I shall be liable to be dismissed from service.

Date ………….

Signature ……………….

*Note: Please delete clause/clauses not applicable

Application for Grant of Exemption

(Vide para 1 (iii)/1(iv) of Declaration)

To
The ………………
……………………

Sir,

I request that in view of the reasons stated below, I may be granted exemption from the operation of restriction on the recruitment to service of one having more than one wife living/ a woman who is married to a person already having one wife or more living.

Reasons

Yours faithfully,

Dated ……………….

Signature ………….

1. In accordance with the existing orders (vide Decision No. 2)

(i) No person who has more than one wife living shall be eligible for appointment to the Service:

Provided that the Central Government may if satisfied that there are special grounds for doing so, exempt any person from the operation of this rule.

(ii) No female candidate who has married a person having already a wife living will be eligible for recruitment to a service or post, unless Government specially exempts such a candidate from the operation of this provision.

A question has been raised whether the rules prohibiting bigamous marriage are at all attracted by a case in which a male candidate for Government service contracts a second marriage but the woman with whom the second marriage is contracted does not under the law, acquire the status of a wife or when a female candidate contracts a marriage with a person which is void by reason of his already having a wife living. It is hereby clarified that even a marriage which is legally null and void by reason of there being a spouse living at the time of the marriage, would disqualify the person concerned for appointment to Government service.

2. It is, therefore, suggested that the recruitment rules for various services may be amended to provide as follows:-

(a) No person who has more than one wife living or who having a spouse living, marries in any case in which such marriage is void by reason of its taking place during the life-time of such spouse, shall be eligible for appointment to service; and

(b) No woman whose marriage is void by reason of the husband having a wife living at the time of such marriage or who has married a person who has a wife living at the time of such marriage, shall be eligible for appointment to service;

Provided that the Central Government may, if satisfied that there are special grounds for so ordering exempt any person from the operation of this rule.

3. The standard form of declaration which was circulated with this Ministry’s Office Memorandum No. 25/52/57-Ests.(A), dated 2nd January, 1958 [Decision No. (3) above] may also be modified accordingly on the lines indicated below:

(See up-to-date amendment form under Decision No. 3)

4. The Ministry of Finance etc., are requested to take necessary action in so far as the rules relating to services under their administrative control are concerned.

[MHA OM No. 25/35/60-Ests.(A), dated 09.12.1960]