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Shantanu Wavhal (Worker)     29 November 2011

Punishment for misbehaviour

 

if -

a woman's marriage is void ab initio, as per section 5 (i) of HMA (i.e. - she had first husband living at the time of her second marriage, from whom she separated using a divorce deed @ sub-registrar)

is it possible to take any legal action against her ??

 

according to central civil services conduct rules 1964,

Rule 3. General

(1) Every Government servant shall at all times--

(i) maintain absolute integrity;

(ii) maintain devotion to duty; and

(iii) do nothing which is unbecoming of a Government servant.

 

a) is rule (iii) sufficient to fire her from her job ??

b) can any other action be taken against her ??



Learning

 3 Replies

Shantanu Wavhal (Worker)     29 November 2011

addition

woman is a government servant.

Dr J C Vashista (Advocate)     29 November 2011

Dear Amit,

Divorce registered with Sub-Registrar is NO divorce in law and the woman can be sued for bigamy besides departmental action under CCS CCA (Conduct) Rules

Shantanu Wavhal (Worker)     29 November 2011

her husband do not want to file bigamy against her. 

he wants to seek only annulment of marriage and some less severe punishment for her like make her loose her job.


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