queries regarding remarriage by a goverment servant
manish sharma
(Querist) 10 June 2010
This query is : Resolved
Sir, One of my friends, who is a Central Government Employee got married on 1st December 2002 as per Hindu Rites. His wife is also a Central Government Servant. Due to unavoidable circumstances, they could not stay with each other and decided to separate. They have also signed an agreement, duly verified by four/ five of their relatives, to live separate and also decided that they have no objection on the remarriage of any one of them. But, the same is not submitted in the Honb'le Court of Law. Since then, both of them were not on living terms. A period of five years had passed, he was not known about the whereabouts of his first wife. Thereafter, my friend's wife met with an accident on 12th August 2007. As there is no one to look after and being the only member in the family, my friend got married to another woman on 19th January 2008 explaining all facts of earlier marriage to the second woman. The second woman has no objection on his first marriage. Now, my queries are as follows:
(i) Whether his second marriage is legal as per the Hindu Marriage Act?
(ii) 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?
(iii) Whether there is any effect of his second marriage on his Government Service?
(iv) Whether he should live peacefully with his second wife if his first wife has no objection to it?
(v) What action is he required to take to prevent his Government Service?
I shall be highly obliged if the above clarifications would be sent to me at the earleist convenience.
Regards,
Manish Sharma
Guest
(Expert) 10 June 2010
i) Whether his second marriage is legal as per the Hindu Marriage Act?
No.
(ii) 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?
Yes.
(iii) Whether there is any effect of his second marriage on his Government Service?
Charge sheet will be issued and after departmental enquiry, he can be terminated from service.
(iv) Whether he should live peacefully with his second wife if his first wife has no objection to it?
Yes. But it is better for him not to admit of second marriage impliedly or expressly. Then second marriage cannot be proved and he will be safe.
(v) What action is he required to take to prevent his Government Service?
As suggested above, not to admit of second marriage and do not allow any document to exist. Then, there is no offence attributable to him. Bigamy cannot be proved. Adultery allegation cannot stick, if the second woman has not already married with some one else.
Sankaranarayanan
(Expert) 10 June 2010
yes mr prabhakar explained well on this question.As simple as Bigamy is against the law and it is punishable
manish sharma
(Querist) 10 June 2010
Thank you for your prompt reply. Please advise me further on the following:
(i) You have opined that 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. The Exception to Section 494 of Indian Penal Code is that "This Section does not extend to nay 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. Whether my friend is safe as per the exception to this section?
(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. Whether this is a valid document to prove his second marriage.
Regards,
Guest
(Expert) 10 June 2010
(i) That is totally in different context. If the wife's whereabouts are not known for the last 7 years and the people, who supposed to know about her have not heard from her for the last 7 years, then one has to approach the court with these facts and the court after appropriate investigation declare the "legal death". Then he is entitled to go for second marriage without divorce of first marriage.
(ii) That document is more than enough to put him in great trouble.
Uma parameswaran
(Expert) 10 June 2010
Try to file consent divorce petition .What ever documents executed in the name of second wife is void .So try to cancel it and execute it after divorce.
manish sharma
(Querist) 11 June 2010
Thank your for your prompt reply. Please also advise whether my friend can, now, cancel the nomination of second wife in his service book records maintained in the office. Can he also declare the second woman living with him as the tenant on the first floor of his house.
Regards
