• Marriage with married man

a govt.servant woman married a married man,the man has his wife and two children.if the first wife take any legal action,will there be any problem in service of second wife?
Asked 4 years ago in Family Law from kolkata, West Bengal
Religion: Hindu
1)is he hindu or mulsim please clarify . if husband is hindu he cant have second marriage during subsistence of earlier marriage . such marriage would be illegal . 

2)first wife can file for divorce making second wife co respondent .

 3)she can file case of adultery against her husband . however second wife wont be punished for said offence . 

4)if first  wife complains to govt then govt may take serious view of matter . take disciplinary proceedings against second wife . 

The Central Civil Services (Conduct) Rules, 1955 have now been amended by incorporating therein the following further provision as rule 18 (2) (now rule 21):-

“No female Government shall marry any person who has a wife living without first obtaining the permission of Government.”

	The above principle should govern the recruitment and conditions of service of central Government servants. Accordingly, a provision to the effect that no female candidate who has married a person having already a wife living, will be eligible for recruitment to a service or post unless Government specially exempt such a candidate from the operation of this provision, may be added by the Ministries etc., in rules or orders relating to recruitment to services and posts with which they are concerned.

[MHA OM No. 25/5/55-Ests., dated 31.05.1956]

you can be dismissed from service .
Ajay Sethi
Advocate, Mumbai
45760 Answers
2693 Consultations

5.0 on 5.0

For all those persons who are covered by the penal provision of bigamy a second marriage is impermissible.  A person who marries during the existence of his first marriage is guilty of bigamy which carries an imprisonment of up to 7 years. 

The first wife can file a criminal case against her husband. If the first wife can prove that the second wife was aware of the existence of the first marriage of the husband then she too can be enmeshed in the rigours of law. Since the second wife is a government servant she may be punished at the culmination of a disciplinary action initiated by the government on the complaint of the first wife.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

You cannot legally marry a married man. 

If you want to be his legally wedded wife, ask him to take decree of divorce and then get married to him.
Sandeep Hegde
Advocate, Bangalore
403 Answers
116 Consultations

4.8 on 5.0

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