Second marriage
Mustafa Bhat
(Querist) 01 March 2014
This query is : Resolved
I am a Muslim married to Muslim Girl,Divorced her in 2009 as per Muslim personal law & then married with another girl in 2010.The lady(whom I divorced) after my Second marriage filled various bogus litigation like 498A & 406 which is under trail in Court of Law,She also filled RCR which was dismissed by Court.Maintenance for our baby which was disposed by court with the direction to pay maintenance to baby which i am depositing regular in the account provided by them, the lady herself being a Govt employ.
She also filled a complain to my head of Department for Bigamous were in Primary Enquire was conduct , the report of the enquire revealed that I married 7 months after divorce,however for second marriage i didnot sought permission.
Then second enquire was ordered as my ex-in laws have good say in political corridor,were in enquire officer reported that " During the course of enquire it was Established the employ has contracted second marriage in violation of Employ Conduct rule 1971 by not seeking permission from the Competent authority,"
I was not provided any information about this second enquire.
On this Charge sheet was issued which is
" Rule 22 (1) of Empoly conduct Rules 1971 provides that no government employee who has a wife living shall contract another marriage without first Obtaining the Permission of the Government,notwithstanding that such marriage is permissible under the Personal law for the time being applicable to him.
Mr. AAA has contracted second marriage without consent of his wife & without permission of the Government which is pre-requisite as per above Rules. The said act on the part of the officer tantamounts to Violation of employees Conduct Rule 1971 & liable for disciplinary action as per State Civil Service( Classification,Control & Appeal) Rules,1956."
You are required to submit a written Statement to the Government within 15 days, if he doesn't submit his written statement of defenses before time,the disciplinary proceeding against him shall be held ex-parte.
Now my query is
1) I divorced the lady as per Muslim Personal law.Then does i need to seek her permission for 2nd marriage.
2) Does i need to seek permission from Govt after divorce as first relation seized after divorce.
Please guide & advise.
Devajyoti Barman
(Expert) 01 March 2014
1. The rule does not apply to you. If the first marriage was performed by Muslim personal law rituals then talaq is very much valid and for this no permission was required.
2.No, you were not required to do so.
File your WS and contest the enquiry report.
Rajendra K Goyal
(Expert) 01 March 2014
Answer to both of your query is no. File reply of charge sheet accordingly and if department prefer to proceed for departmental inquiry, engage a good defense representative to defend you.
Mustafa Bhat
(Querist) 01 March 2014
The charge sheet is accompanied by the Statement of allegations of misconduct in support of charge.Which is
A complain was lodged by XXX (my ex-wife) against her husband AAA with regard to contract of 2nd marriage & non-maintenances of baby.As per record Smt xxx had submitted a complain in august 2010, with a writ petition filed before Court against her husband for contracting 2nd marriage.
Govt. order no ABC dated 1234 Mr PQR was appointed as inquiry officer to enquire into allegation levelled against AAA by his wife XXX with regard to the contract of 2nd
marriage in violation of Employ conduct rules 1971.
During the course of enquiry it was established that AAA has contracted 2nd marriage in violation of Employess Conduct rules 1971 by not seeking permission from the competent authority. "
Fact is the case was filled for RCR by XXX were in she was given stay for my 2nd marriage as she pleded that AAA is Govt employ going to contract 2nd marriage when first is subsisting.I filled the objection, when XXX felt that they are going to lose the case they started asking for adjurment on all hearing, then Judge asked them to pay AAA 1000/- as cost, later they didnot paid the cost & were repeating only for adjurment again,the Judge gave them almost 5,6 adjurments & after that dismissed the suit alongwith all CMPS & vacated the stay.
As for as maintenances is considered i am paying that regularly.
So how is this going to help me
Devajyoti Barman
(Expert) 01 March 2014
Both the cases are different and has no connection with each other.
Mustafa Bhat
(Querist) 02 March 2014
Devajyoti Sir,
My submission is the stay was granted for 2nd marriage on the same ground that i am a govt employ violating service rules.Now when the case is dismissed by Hon'ble court can it be of any help to me if so plz advise.
ajay sethi
(Expert) 02 March 2014
it will help you in your case . as muslim you had re married after divorcing your first wife . you did not require any permission for second marriage .
Mustafa Bhat
(Querist) 02 March 2014
Sir,
My department has moved another file against me were in my promotion which has taken place just two months before is proposed to be kept withheld till the outcome of this chargesheet, can they do as i am given 15 days to file WS after receiving of chargesheet & official i didn't received Chargesheet yet I got xerox copy of chargesheet from the clerk unofficially.This information of keeping withheld my promotion was also given to me by the clerk.
Can they do it simultaneously.
Plz advise i got disturbed alot after listening this.
V R SHROFF
(Expert) 02 March 2014
You need not worry. Just file WS, deny allegations.
Wait & watch..
No offence, so no punishment.. cannot withheld
Mustafa Bhat
(Querist) 02 March 2014
My ex-father in laws has high political say in political corridor,& has used that with my head of department.
My query at this stage can they withheld my promotion as i got that after lot of hard work, dedication & after a gap of 8 year.
Mustafa Bhat
(Querist) 04 March 2014
Today I got the copy of enquire report of 2nd enquire which is concluded as “From the perusal of the record available, it reveals that the official has contracted 2nd marriage in violation to employees conduct rules 1971 by not seeking permission from the competent authority & is liable to be dealt under rules in terms of Civil Service Classification Control and Appeal Rules 1956. Before the disciplinary action is taken, the authenticity of divorce deed is to be verified & accordingly further course of action is to be initiated.
Further where the first wife of a Government Servant is divorced according to a customary law prevalent in society to which the Government Servant belongs, the matter becomes a complicated question of law, which can be decided by a civil Court & cannot be effectively decided in a disciplinary proceeding. Therefore the enquire officer is not competent to adjudicate into such matters, which affects the civil rights.
In view of above, it is recommended that the matter needs to be taken up with the General Administration Department in view of Rule 22 of employee Conduct Rules 1971.”
Then on the direction of General Administration Department Memorandum along with Articles of Charge, Statement of imputation of misconduct was issued to me.
Guest
(Expert) 04 March 2014
I wonder, if you are a housewife (as per your profile) or a husband of your wife (as per description of your query).
I futher wonder, if the problem actually relates to you or your husband or someone else!
Would you please like to clarify your position?
Mustafa Bhat
(Querist) 05 March 2014
Dhingra Sir,
I am a lady, but this problem is with my brother & we put the problems together in this forum for your kind advise.As on now his user with LCI has got some password problem.
