Can an indian govt servant while being married under special marriage act marry a foreigner.
Imran
(Querist) 12 November 2011
This query is : Resolved
Q1.- Can an Indian Muslim Male Citizen, also a State Govt Employee, married under the Special Marriage Act to a Hindu Female, divorce his wife to marry another Foreign National Female.
Q2.- Also, can this man serve a VRS to the State Govt and then get married to the foreigner female, and if he does so will the first wife be entitled to maintenance and other benefits from her husband.
Q3.- If the said Indian Male and the Foreigner Female be punishable under the Indian Laws for marrying without informing the relevant authorities of either or both the countries.
kuldeep kumar
(Expert) 12 November 2011
that foreign female is not becoz she is not party in offence of bigamy.she has no case even if she is in india or outside.u will be punished if u act according to muslim law.
Devajyoti Barman
(Expert) 13 November 2011
1. Any person after a valid divorce can marry any person of any religion, caste or creed. There is no bar.
2. The husband is bound to maintain his 1st wife lifelong unless she remarries or it is proved that she has source of income which is at per with that her ex husband.
3 3. No permission is required from any authority for two consenting adults to marry lawfully.
Imran
(Querist) 13 November 2011
Having queried you Gentlemen, I am thankful for your responses.
Although the responses were clear to me however I would still I like more clarification on a query which is as such --- This relates to my brother who unfortunately is taking steps to marry a foreign Muslim woman while still not having divorced his first wife who happens to be a Hindu woman of Indian National. So the need is will my brother be punished for attempting or committing a bigamy without the consent or divorce of the first wife. And will the foreign woman be brought to justice for compelling my brother to divorce or mentally torture his first wife. Why I say so is becoz I fear of the worst coming on my parents becoz of my brother's act.
kuldeep kumar
(Expert) 13 November 2011
And will the foreign woman be brought to justice for compelling my brother to divorce or mentally torture his first wife.
WHERE R U MR SINGH ANSWER THIS QUERY TELL THIS MAN HOW TO TORTURE HINDU WIFE.
Devajyoti Barman
(Expert) 13 November 2011
Without the divorce you jst be knowing the second marriage is a criminal offence.
The second wife would not be prosecuted for that.
You or your parents should not be implicated in the bigamy case unless his first wife files case u/s 498A IPC against his husband nad you all.
prabhakar singh
(Expert) 13 November 2011
The earlier marriage solemnization was under Special Marriage Act.
Then Right and privilege under Muslim law to male spouse has stood suspended as he has voluntarily submitted to jurisdiction of this Act Where under NO BIGAMY CAN LEGALLY TAKE PLACE.Then any proposed solemnization shall
attract offence of bigamy as well as performance of an illegal and void marriage with second one.
The legal wife would be first one with all arms of 125Cr.P.C.,DV Act and 498a I.P.C.
Shonee Kapoor
(Expert) 13 November 2011
Nothing more to add after Ld. Mr. Barnam and Ld. Mr. Prabhakar has spoken so clearly.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Kirti Kar Tripathi
(Expert) 14 November 2011
Mr. Prabhakar has clarified every thing in few words.
Sudhir Kumar, Advocate
(Expert) 15 January 2012
You questions are answered as under :
Q1.- Can an Indian Muslim Male Citizen, also a State Govt Employee, married under the Special Marriage Act to a Hindu Female, divorce his wife to marry another Foreign National Female.
Ans : Muslim Govt servant can marry a hindu and no permission is needed from Govt. Regarding foreign national marriage the rules applicable in centre are given below. Most of the states follow similar rules. You may check from you website of your state Govt.
21. Restriction regarding marriage
(1) No Government servant shall enter into, or contract, a marriage with a person having a spouse living; and
(2) No Government servant having a spouse living, shall enter into, or contract, a marriage with any person:
Provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage as is referred to in clause (1) or clause (2), if it is satisfied that -
(a) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and
(b) there are other grounds for so doing.
(3) A Government servant who has married or marries a person other than of Indian nationality shall forthwith intimate the fact to the Government.
18-A. Restrictions in relation to acquisition and disposal of immovable property outside India and transactions with foreigners, etc.
Notwithstanding anything contained in sub-rule (2) of Rule 18, no Government servant shall, except with the previous sanction of the prescribed authority -
(a) acquire, by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, any immovable property situated outside India;
(b) dispose of, by sale, mortgage, gift or otherwise or grant any lease in respect of any immovable property situated outside India which was acquired or is held by him either in his own name or in the name of any member of his family;
(c) enter into any transaction with any foreigner, foreign Government , foreign organisation or concern,-
(i) for the acquisition, by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, any immovable property;
(ii) for the disposal of, by sale, mortgage, gift or otherwise, or the grant of any lease in respect of any immovable property which was acquired or is held by him either in his own name or in the name of any member of his family.
Explanation.- In this rule "prescribed authority" has the same meaning as in Rule 18.
(7) Participation of Government servants in the Indo-Foreign cultural organizations
The Government of India have had under consideration the question whether Government servants should be allowed to participate in the activities of Indian-Foreign Cultural Organisations such as the German-Indian Association, the Indo-Soviet Cultural Society, etc. The matter has been considered in consultation with the Ministry of External Affairs and the conclusion reached is that there is objection in principle to Government servants becoming members or office holders of such organizations despite the fact that their objectives may be praiseworthy and unobjectionable. One of the reasons is that when foreign dignitaries relating to a particular organization come to India, addresses are often presented by these organizations. In some cases it may not be desirable for Government servants to be associated with such addresses, as they are bound to be as members or as office bearers. Some of these cultural organizations may not be very important or influential while others are very active and on occasions take a political stand which may be embarrassing to Government servants. In view of these considerations it has been decided that while such organizations may, in suitable cases, be looked upon with favour and assisted, the association of Government servants with such organizations should be avoided.
[MHA OM No. 25/35/56-Ests.(A), dated 24.01.1957]
(11) Foreign language classes conducted by Indo-Foreign cultural organizations – joining of by the Government servants
The question of regulating the participation of Government servants in foreign language classes conducted by Indo-Foreign cultural organizations like the German-Indian Association, Alliance Francaise de Delhi, Indo-Soviet Cultural Society etc. has been considered by Government and it has been decided that Government servants desirous of joining such classes should obtain prior permission from the Ministry or Office in which they are serving
2. * * * *
3. Ministry of Finance etc., are requested to bring the contents of para 1 of this Office Memorandum to the notice of all Government servants under their control, separately. Para 2 is intended for the guidance of administrative authorities only (not reproduced).
[MHA OM No. 25/4/65-Ests.(A), dated 18.05.1966]
Q2.- Also, can this man serve a VRS to the State Govt and then get married to the foreigner female, and if he does so will the first wife be entitled to maintenance and other benefits from her husband.
Ans : Retired Govt servant is not bound by conduct rules.
Q3.- If the said Indian Male and the Foreigner Female be punishable under the Indian Laws for marrying without informing the relevant authorities of either or both the countries.
Ans : Rules are give above.
