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Krishna (Se)     30 September 2009

Please Clarify this

*****Not more than one wife is included in the term "Family" for the purpose of these Rules. However, if a Government servant has two legally wedded wives and the second marriage is with the specific permission of the Government, the second wife shall also be included in the definition of "Family". ****

That statement is from one of swamy's handbook for central govt employees. What does that mean? What is the exception for second marriage for a government servant. What kind of permission does a govt employee need to take from the govt as it is very clear that bigamy is punishable.pls post your clarifications regarding this. thanks in advance.  krishna



Learning

 7 Replies


(Guest)

Dear Krishna ji, after marraige with first wife if she becomes mentally unsound, physically disable and suffering from uncurable diseases, legally second marriage is valid.

Anjali (IT)     02 October 2009

Regarding  bigamy , I am not sure abt exactly how the "Law" handles the bigamy..what I understand is , it is punishable under IPC , but only if the first wife files complaint against the husband.

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     02 October 2009

1.  "Bigamy"  is an  "illegal act", and punishable under the IPC.

 

2.  "Bigamy"  if done with consent of the partner, puts both the partner, guilty of  "Conspiracy and Abetment"

 

3.  ANYBODY, even the neighbours or non-affected parties can make a criminal complaint, for such "nuisance" in the society. A court of law, can prosecute such offenders on "suo motto" basis and not necessarily on a specific complaint.  The Law of the land has to be held and not the consent of the first or other wives.

 

4.  EVEN IF, the first wife or husband becomes mentally unsound, a court decree is mandatory, to re-marry, else the subsequent marriage becomes null & void

 

5.  A person can be prosecuted u/s 120, 268, 494 of the IPC.

 

Keep Smiling .... Hemant Agarwal

Krishna (Se)     03 October 2009

so the 'law' indirectly suggesting (poiting) a husband to go for a second marriage  by proving that first wife is mentally unfit or suffering from so and so uncurable disease. but 'law' will punish him even if any person from the society files a complaint against him and even if it is with first wife's concent and she has accepted it.

Krishna (Se)     03 October 2009

thanks for your replies. thanks  again


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