Remarriage of government employee (woman) without divorce
RS Sahni
(Querist) 09 May 2013
This query is : Resolved
Dear Sir,
One of my cousins (woman) is employed as a Nurse cum Midwife in Health Department of Uttar Pradesh. She was living separately from her first husband before he visited her in 1999. She claimed that her husband was impotent and alcoholic. In 2000, she got married by exchanging flower garlands(without Saptpadi and Havana)to another man who is employed as Havildar in CRPF Central Reserve police Force). She has a 10 years old daughter (borne in 2002.
She quarreled with one of her neighbors who has told her that her second marriage was illegal and he will report it.
Is her second marriage illegal? What shall be the consequences if this is reported by somebody? How shall her employment and of her second husband be affected.
Kindly help her by giving your precious opinion.
Regards.
Devajyoti Barman
(Expert) 09 May 2013
Yes, her second marriage is surely illegal and for this she may criminally prosecuted for bigamy.
Her employment may also be terminated.
Guest
(Expert) 09 May 2013
Ask only when some problem arises. To be frank, it seems as if she is not your cousin, but you are her neighbour or being DGM O&M you would be interested to do some harm in her service matter.
Without saptapadi there is no marriage and having a daughter is not a proof of her marriage with the CRPF Havildar. You would need a sound proof of her marriage. At the most she can be alleged by her husband for adultery that too on DNA proof.
A question arises, why her first husband is silent on the issue and has not taken divorce when she is living separately from him for the past 14 years?
ajay sethi
(Expert) 09 May 2013
agree with experts
RS Sahni
(Querist) 09 May 2013
Sir, I thank both of you for your prompt replies. Let me introduce myself and place the facts truthfully.
After serving for 20 years, I left Air Force in 1998. Since I had younger siblings, I could save only whatever I got on retirement. I bought a plot and constructed a small house on it before starting my private job. There is a 9 feet wide (9x110 feet)lane provided by the seller between my and my three neighbors' houses (plots). As per our documents (registration) all of us have equal rights to use this lane.
This lady, with assistance from other two families, had used 1.5 feet of this lane's width for construction of her house, and, now she is planning for construction on remaining width (since she is at remote end of the lane). 3/4 of my plot is vacant, half of it lies on other side of lane in front of her house. My main gate opens on a 33 feet wide road. I failed to keep a gate for this lane.
Lately we had some strife wit one person on the other side who boasted (in presence of police constable) that he kidnapped my son and had arranged for his mental and physical torture. My son, somehow graduated and he will pass out from his MBA school in June. Since I was away and visited my family only for a stretch of 7 to 10 days, I was almost unaware of their getting uninterrupted torture for the last 10 years.
I have resigned from present job and want to solve this problem permanently. Other details are true. This lady has endorsed the name of her second husband in her service documents and in her daughter's school. her second husband visits her regularly and must have endorsed her name in his service documents.
I got following information from internet-
"Section 17 of Hindu Marriage Act 1955: Punishment of Bigamy-
Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Section 494 and 495 of the Indian Penal (45 of 1860) Code shall apply accordingly.
Section 494 of Indian Penal Code 1860: Cohabitation caused by a person deceitfully inducing a belief of lawful marriage
Section 494 of Indian Penal Code 1860: Marrying again during lifetime of Husband or wife
Whoever having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception:
This Section does not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction, not to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continuously absent from such person for a space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Section 497 of Indian Penal Code 1860
Adultery
Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine or with both. In such case the wife shall not be punishable as an abettor".
I have helped people whenever it was possible; I created and provided jobs to many engineers and managers whom I never knew. I never troubled anybody without a strong reason.
Now, I request your kind and honest guidance.
RS Sahni
(Querist) 09 May 2013
PS-
I heard that her first husband is mentally disturbed after her second marriage and he never wanted a divorce. Though she is from Uttaranchal, but not a tribal to enjoy special concessions.
Regards.
Devajyoti Barman
(Expert) 09 May 2013
if the fact of her first marriage is not disclosed then she could save her job, else may god protect her.
RS Sahni
(Querist) 10 May 2013
Thank you, Sir. Honestly, I do not wish to spoil her and, especially, her innocent daughter's future. I thank all of you and I shall inform if I find a better way to solve this problem.
But, the other persons, who tortured my son and wife during my absence, shall be dragged to court of law. They shall not be left living a peaceful life.
Thanks again & regards.
Sudhir Kumar, Advocate
(Expert) 25 May 2013
Partially disagreeing with Mr Barman. It is her marriage and she know that earlier marriage was not close and married against and that too a Govt servant.
Both are liable for disciplinary action.
None of them will be eligible for pension of each other as there is no legal marriage, even if they hide marriage till retirement.
RS Sahni
(Querist) 25 May 2013
Since they are not married-
1. How can they live togather without harming the ethical values prevailing in Hindu society?
2. How do you justify Bigamy in this case?
Though adultry can be reported only by the affected spouse, but bigamy is a civil crime which affectes the whole society.
