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Anj (NA)     29 May 2012

Laws 2 protect muslim women rghts,wife of karnataka govt emp

Hello , My cousin sister has married for 11 years and has two minor childern. Her husband is govt employee. He performed second marriage. My cousin afraid he may give her talak. What  are the legal actions can be taken on him ?

Thanks in advance



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 5 Replies

Adv. Chandrasekhar (Advocate)     29 May 2012

1.  If he gives talak then also she and her child are entitled to maintenance under Section 125 Cr.P.C.  Better to go through the Government service rules.  In muslims plygamy is allowed by their personal law relating to marriages, but the government employees irrepective of their religion, as per their service conditions, are not entitled to marry again while subsistence of first marriage.  Once you clarify this point, you can bargain with him that if he insists for talak, first wife will file a complaint against him before the govt. authorities and the punishment in such cases will be dismissal.  Before taking such a step, I once again request you to refer to service conditions of state government employees.

salim bahsha (Engineer)     29 May 2012

but the government employees irrepective of their religion, as per their service conditions, are not entitled to marry again while subsistence of first marriage. sir i searched different states servants contract rules, only few states and Central govt says this

but in many states servant conduct rules mentioned as

No Government servant shall, enter into or contract, a marriage with a person having a spouse living; and No Government servant having a spouse living shall enter into or contract a marriage with any person:

Provided that the Government may permit a Government servant to enter into, or contract, any such marriage as is referred,  if they are 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.

NEED CORRECT EXPLANATION FOR THIS, PLS ADVICE

Adv. Chandrasekhar (Advocate)     29 May 2012

If the state government rules say as quoted by you, then, the muslim man can apply to the government seeking permission to go for second marriage and after obtaining such permission can go for the second marriage. 

salim bahsha (Engineer)     31 May 2012

what abt rules for muslim man having two wife and living with both without divorse getting govt job in future in above mentioned state government

Anj (NA)     21 July 2012

update on my first post

 

1. The husband is a cheeter and got married to other woman by lieing to his first wife. He used to lie daily that he is doing some side bussiness. The same he told to all relatives. When cought by his first wife,he accepted. We still haven't seen his second marriage Nikhanama.

2. He has given 2 options to his first wife, a) wants to keep the both wives (sharing his few days within them) or b)  asking his first wife to take khula.

3.  Her parents took her to their house and she is staying there with her children (same city). The father seems doesn't care for children too. My cousin is not working.

 

In this scenario, what advice you give as legal point of view, to keep the marriage alive but take action on him to teach him a lesson to betray his first wife's belief/trust on him

regards


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