Effect of remarriage on Government service- regarding
manish sharma
(Querist) 10 June 2010
This query is : Resolved
Sir,
One of my friends has got married two times first on 1st December 2002 and 19th January 2008. He is a Central Government Servant.
The Exception to Section 494 of Indian Penal Code is that "This Section does not extend to any person if such husband or wife, at the time of the subsequet marriage, shall have been continually absent from such person for the space of seven years.
Please advise me the following at your earliest convenience:
(i) Whether his first wife can file an appeal against his second marriage in spite of the fact that a period of eight years have passed since his first marriage and they were not on living terms since 31st December 2002?
(ii) Whether my friend is safe as per the exception to this section or he has to go to jail or terminated from the Government Service for his second marriage?
(ii) There is no other document to exist, except the entry of details of his second wife as family member in his Service Book Records maintained in office. Whether entry in a Service Book or holding of CGHS Medical Card by his second wife is a valid document to prove his second marriage?
Regards,
Arvind Singh Chauhan
(Expert) 12 June 2010
1- If he can prove that his first wife was continuously absent for 7 years he may be saved from bigamy and termination.
2-These are not sufficient to prove second marriage.
