govt servant married a man having living wife
Lalitha R N
(Querist) 14 May 2016
This query is : Resolved
Sir,
My friend married a married man having living wife.28 years back so far no problem lived happily now my friend husband died and my friend is due for retirement on superannuation shortly .she has given his name as spouse to her office .Is there any problem in her pension settlements and is his first wife can file a case against second wife or complaint to the dept where my frienf is working and will dept can take any disciplinary action my friend.kindly give us advise your advise is valuable.kindly keep this as secret
Thanking you
With regards
Lalitha
Lalitha R N
(Querist) 14 May 2016
Sir I,
In what way I am conveyed by email?
Lalitha R N
(Querist) 14 May 2016
sir
Kindly reply me at the earliest .
My friend is in need of your help
Devajyoti Barman
(Expert) 14 May 2016
If you have proof of both marriage then lodge complaint of bigamy in local polcie station on which basis Police can arrest the person and he would be suspended from job.
Kumar Doab
(Expert) 14 May 2016
What is personal faith of the man e.g; Hindu/Muslim?
Was it a registered marriage or marriage ceremonies performed?
Your friend married an already married man!
The man is dead.
The man was nominee in your friend's PF/Pension a/c.
Your friend may change the nominee.
Your friend also committed error by marrying a married man.
Sudhir Kumar, Advocate
(Expert) 15 May 2016
not able to fully agree.
the query is relating to service matter.
whether the first wife complaints or not, the lady govt servant who married a man with living wife can loose her pension at the fag end of service.
So in case first wife desires to file a complaint then your friend has no option but to bend feet and fall on her feet and make passionate plea of mercy. Law is not going to help her at all.
the religion of any of them is not at all relevant as far as service law on bigamy is concerned.
registration or non-registration of marriage is also not relevant.
change of nominee is also not relevant.
Sudhir Kumar, Advocate
(Expert) 15 May 2016
Police copmplaint can be given by aggrieved first wife only. Deptt complaint can be given by anyone having knowledge of facts.
P. Venu
(Expert) 15 May 2016
Your friend need not be concerned about the bigamy that had taken place 28 years esp. when the husband is no longer alive.
Sudhir Kumar, Advocate
(Expert) 15 May 2016
I am not able to agree with Mr Venu.
As a govt servant she committed a professional misconduct the moment she married with a man having a living wife.
This is not a mere violation of conduct rule rather violation of the very condition of eligibility for joining govt.
There is nothing in conduct rules that this misconduct will be wiped out due to passage of time or due to death of husband.
R.K Nanda
(Expert) 15 May 2016
nothing to add more.
Rajendra K Goyal
(Expert) 15 May 2016
Your friend can not claim benefits after the person he married as marriage may not be held legal and she can land in trouble.
She has the option to change nominee in her records.
Sudhir Kumar, Advocate
(Expert) 16 May 2016
a new thread opened on http://www.lawyersclubindia.com/experts/married-a-man-having-livinh-wife-598956.asp
Sudhir Kumar, Advocate
(Expert) 16 May 2016
on other thread she gave new fact
" relationship or married in temple without legal bindings"
Kumar Doab
(Expert) 16 May 2016
What is such marriage and how is a marriage without legal binding?
