Eligibility For Gov. Job
Querist :
Anonymous
(Querist) 13 December 2015
This query is : Resolved
Hey
I Need A Right Info About My eligibility gov job specially for civil services.
actually I had got married at the age 8 years.
as it was a child marriage so I denied to accept it. So the girl family fired a case against me under 498 A.
As a result I have to go to jail for about 18 hours.
Later I also register a case under Child Marriage Act.
and now the marriage is been declared Null/Void.
So
the case under 125 has also been withdrawn by opposite party laywer
now date of 498A is coming near.
So How Should this case be ended
so that I can get a clean chit and be eligible for any gov. Job
P. Venu
(Expert) 13 December 2015
You may apply. In the meanwhile, you may file a petition for discharge in the Trial Court. The charge under 498A has no basis as the marriage has been declared Null and Void.
SAINATH DEVALLA
(Expert) 13 December 2015
What was the fate of the parents who performed the child marriage? What is the age of both of U now?
498A is strictly a criminal case which cannot be with drawn as per the whims and fancies of the complainant.It has to be decided by the court according to the valid evidences and witnesses produced.U have to prove them wrong with merits from UR side and come out of it.Even pressing for early disposal will not be accepted by the court.
Child marriage may have been declared null and void,but its entirely a different case.
Rajendra K Goyal
(Expert) 13 December 2015
If you are acquitted, you are eligible.
Kumar Doab
(Expert) 13 December 2015
At your age 8years a child is susceptible to abuse.
You have been discharged in the case.
Your lawyer must have advised you for other cases as well.
Get yourself acquitted from court as advised by experts.
You may mention the detail on case going on and you have been acquitted..................and explain.
Kumar Doab
(Expert) 13 December 2015
The querist is anonymous.
Querist :
Anonymous
(Querist) 15 December 2015
Sir actually.The Marriage has been declared null/void.But My lawyer was saying that the case of 498 will be drawn as the ordinary cases are drawn.
Girl and her family have to give opposite statement..that's it.
So Please tell me in what I should end it to not face any problem in gov job.How can I take help from result of case under Child Marriage Act which was in my favour.
Please sir..help me.
I am in lot of tension
and unable to concentrate on my studies
My Age is 22 now
and Girl's age is about 26 years
at the time od marriage we it was 8 and 12 years respectively..
Please sir..
suggest me
K.S.Srinivas
(Expert) 16 December 2015
Acquittal from the 498A case only the solution for getting eligibility for the Government job.
Kumar Doab
(Expert) 16 December 2015
As already posted in the thread...................You may apply for the post and get yourself discharged from 498a case.
You may find other threads and judgments relevant:
http://www.lawyersclubindia.com/experts/Service-matters-urgent-advice-needed-535966.asp#.VUjXoPB-hkg
http://indiankanoon.org/doc/71635321/?type=print
http://indiankanoon.org/doc/2803750/?type=print
http://indiankanoon.org/doc/116602584/?type=print
http://www.lawyersclubindia.com/experts/Road-accident-case-can-affect-my-job--565526.asp
P. Venu
(Expert) 16 December 2015
In this case there is an added element. The only charge is u/s 498 A. Once the marriage itself has been held be Null and Void, the charge has no existence in law as the very foundation has been removed.
Kumar Doab
(Expert) 16 December 2015
Agreed.
You may explain the facts in job application and in respective columns in other forms/formats.
Explain the facts to court and get yourself acquitted.
Sudhir Kumar, Advocate
(Expert) 17 December 2015
I do not agree.
The declaration of nullity of marriage has no relevance to criminal charge pending. the criminal case has to dies its natural death and you being eligible for govt employment.
None will ask you about this case at the stage of application. This information will be sought if/when you are selected.
SAINATH DEVALLA
(Expert) 17 December 2015
I support the views of Adv Sudheerji
P. Venu
(Expert) 18 December 2015
Ingredients of 498A of the Indian Penal Code are :-
a). The woman must be married
b) She must be subjected to cruelty or harassment;
and
c) Such cruelty or harassment must have been shown
either by husband of the woman or by the relative of her husband.
Further more, the provision is a penal one. It, thus, deserves strict construction. Ordinarily, save and except where a contextual meaning is required to be given to a statute, a penal provision is required to be construed strictly.
Supreme Court as well the various High Courts Have held that the offence u/s 498A cannot be alleged in the case of a marriage which is Null and Void.
As such the marriage, in the instant case, is still born and no consequences can follow there-from, as far the offence u/s 498A. It is in the due process of CrPC that the queriest seek discharge from the trial court.
T. Kalaiselvan, Advocate
(Expert) 23 December 2015
The complaint under section 498a was given even before the marriage was declared as null and void (as per the querist statement), therefore in this the accused needs to be acquitted properly to become eligible for government job or for getting clean chit. I agree to the views of expert Mr. Sudhir Kumar in this regard.
