Second marriage without divorce
Javed Aslam
(Querist) 20 August 2015
This query is : Resolved
Hello,
I am asking this question on behalf of my sister who has been married to a muslim state govt employee of West Bengal since 3 yrs, the marriage being a nikaah and has a 6 months old kid. Now her husband wants to marry another girl without giving divorce to his first wife I.e, my sister.
My question is can a muslim state govt employee marry a second time without giving divorce to his first wife where the first marriage was a nikaah ? And if so can the first wife take any legal action against him on doing so and how ? What can be the consequences of it, what kind punishments can he get ?
I would be very grateful for your kind reply
Javed Aslam
Sudhir Kumar, Advocate
(Expert) 20 August 2015
can a muslim state govt employee marry a second time without giving divorce to his first wife where the first marriage was a nikaah ?
And if so can the first wife take any legal action against him on doing so and how ?
What can be the consequences of it, what kind punishments can he get ?
For validity of second marriage, I would request you to kindly refer to Fatwa-e-Alamgiri, if it can help you. (I have not seen this)
A govt servant is not allowed second marriage even if he is Muslim. It is violation of conduct rules of Govt servant and if complained to the deptt, generally the employee is thrown out
SAINATH DEVALLA
(Expert) 20 August 2015
Islamic law allows the husband marrying a second time but with the consent of the first wife,he has to treat them equally or else the marriage is null and void.The first wife has all legal rights to file a criminal complaint against the husband and the matrimonial household as well.She can claim maintenance as well and the criminal complaints filed could have an effect on his govt job.
Javed Aslam
(Querist) 20 August 2015
Thank you so much Sudhir Kumar ji and Sainath Devalla ji for your response. Now I would like to know the procedure for legal complaint as well as departmental complaint.
Javed Aslam
(Querist) 20 August 2015
Thank you so much Sudhir Kumar ji and Sainath Devalla ji for your response. Now I would like to know the procedure for legal complaint as well as departmental complaint.
Rajendra K Goyal
(Expert) 20 August 2015
A Govt.employee is not allowed to have two wives at the same time.
SAINATH DEVALLA
(Expert) 20 August 2015
"MUSLIM CAN'T MARRY TWICE IF SERVICE RULES PROHIBIT IT"
The Supreme Court held that Muslim government employee — who re-married without divorcing his first wife and in turn contravenes service rules prohibiting the same — could be sacked for breach of law.
A bench, headed by justice TS Thakur, ruled that although Muslim personal law allows a man to marry more than once, government rules prohibit employees from marrying twice during the subsistence of a valid marriage — he or she is liable to be terminated if the rule is violated.
SC gave the verdict while dismissing the appeal of Khursheed Ahmad Khan, against the Allahabad high court judgment upholding Uttar Pradesh government’s termination order.
Khan, employed as irrigation supervisor with the irrigation department, had married twice despite conduct rules prohibiting it. He was removed from service on June 17, 2008. Khan’s plea of having divorced his first wife was proved incorrect by departmental inquiry initiated against him. The affidavit he filed in support of his contention was declared false.
Javed Aslam
(Querist) 20 August 2015
Thank you Devalla ji for the information. My brother-in-law was serving as BDO (WBCS Exe) but his confirmation is yet to be given, meanwhile he is on compulsory waiting right now. He and his family has been harassing my sister and us since their marriage. In fact all the furniture in his house has been given by us to him as dowry. My sister is a working lady and was on Maternity leave since her childbirth and was staying at her father's house for the said period. Meanwhile he married another girl without divorce without even informing my sister. So I wanted to know how and where to raise the complaint. To whom should I address my complaint and what should be the matter of the complaint. I would be very grateful to you if you provide me with the full details.
K.S.Srinivas
(Expert) 20 August 2015
Address a complaint to the Secretary to Government of the concerned department.
SAINATH DEVALLA
(Expert) 20 August 2015
Javed,
BDO means Block Development Officer,then U have lodge a complaint immediately with the Dist Collector.
One thing is UR replies are quite contradictory, initially U said he was planning to marry,but now U say he has already married,why this variation.If U do not provide the correct information U are the looser.
UR sister can also file a case for adultery on her husband.If he continues to behave in the same manner,she has the optiion of filing 498A and
dv cases, to bring him to task.
Javed Aslam
(Querist) 20 August 2015
Actually he has done an engagement with the girl (ring ceremony and all) and is planning to get married. Thank you for your advice, I shall do the needful. Your advice is very helpful, my heartfelt gratitude to you
P. Venu
(Expert) 20 August 2015
The legal position is best explained by Rule 21 of the CCS(Conduct) Rules, 1964:
21. Restriction regarding marriage
(1) No Government servant shall enter into, or contract, a marriage with a person having a spouse living; and
(2) No Government servant having a spouse living, shall enter into, or contract, a marriage with any person:
Provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage as is referred to in clause (1) or clause (2), if it is satisfied that -
(a) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and
(b) there are other grounds for so doing.
Sudhir Kumar, Advocate
(Expert) 20 August 2015
The above rules is applying to Central Govt and the State Govt s have by and large copied these rules. Identical provision will be there.
Dr J C Vashista
(Expert) 21 August 2015
Very well advised by experts, I appreciate and fully agree with them.
As per Muslim Personal Law a muslim can contract second marriage with the consent of first surviving wife, however, first wife and the child(ren) born out of this wedlock shall enjoy all their rights including their maintenance.
Service rules donot permit a second marriage, irrespective of the faith/ religion of a government employee.
V R SHROFF
(Expert) 21 August 2015
well advised by experts
