Govt officer sapinda marriage
Shivam
(Querist) 16 July 2012
This query is : Resolved
Dear Sir,
I am a govt. employee. I have been married to my father’s brother’s daughter i.e. my cousin and we are happily living for the last 7 years. We are having a son and are happily living. Now through some blog I came to know that my marriage is invalid/illegal. I wanted to know whether this is a criminal offence and if yes or no whether it may have any impact on my job. I may add here that our parents have had no problem.
1 Whether there is any threat to my present job.
2 Can I be suspended on this ground.
3 I have been preparing for IAS and have cleared IAS mains. Will I be not eligible as my marriage is not valid as per UPSC requirements, if selected.
4 Will I have to convert my religion to Christianity and if yes, will it be from the back date i.e. 7 years ago.
5 I want to make it to the IAS, please suggest some remedy so that my marriage does not create any problem for me.
6 What if I have availed facilities permissible to family i.e. wife and child by Government meant for Govt. employees.
7 Should I marry afresh with my wife.
8 PERMANENT SOLUTION SO THAT MY MARRIAGE HAVE NO EFFECT ON MY GOVT. JOB EITHER PRESENT OR FUTURE IAS.
A V Vishal
(Expert) 16 July 2012
If it is customary in your community there is no problem.
Shivam
(Querist) 16 July 2012
How to prove that it is customary. The marriage has been done only after approval from both parties.
Nadeem Qureshi
(Expert) 17 July 2012
dear Shivam
if this type of the tradition is coming in your community, no need to worry, only prove that this is our tradition. whenever both of you are happy with this marriage this marriage is legal and live happily.
Feel free to call
J K Agrawal
(Expert) 17 July 2012
Your marriage is prohibited as it is within 'prohibited relationship' and not as you are with in sapinda relationship.
You are liable to be booked under section 18 of the Hindu Marriage Act for simple imprisonment up to 1 month or fine up to Rs 1000/- or with both.
Even after punishment, your marriage is not valid. But your children are legitimate and having the same rights in you property as others but they looses rights in ancestral property.
I can not comment on rest of question but this punishment does not come into definition of 'offence'. You should consult a service matter expert.
However I appreciate advice of experts as 'Miya bibi raaji to kya karega quazi'
www.bar2bench.com
V R SHROFF
(Expert) 17 July 2012
Repeated, already replied earlier:
Punishment is 15 days SI, or Fine upto 1k, , or both.
How many are punished?? Don't worry....
Person oppose ur marriage have to prove ur marriage beyond any reasonable doubt.
Also to establish "no custom"
!!it is next to impossible.
Shivam, you married with fly consent, so who is aggrieved?? who will try to prove , and for what??
Shivam
(Querist) 17 July 2012
What if govt makes it compulsory to register the marriage i.e. registration of marriage is made compulsory by the govt. In that event, Can i register my marriage.
