• Can Indian police service personnel marry Pakistani national

Hi! Sir. 
Greetings.. I hope this email finds you well..

I wish to know if IPS (Indian Police Service) Lady can marry a Pakistani National at the time of service.

Looking forward to hear from you soon.

Best Regards,
Zahid Amin.
Asked 3 years ago in Constitutional Law from United Arab Emirates
as per Central Civil Conduct Rules 1964 

A Government servant who has married or marries a person other than of Indian nationality shall forthwith intimate the fact to the Government..

if however an army officer were to marry a foreigner prior permission is must The army also insists on an undertaking from the officer that his/her application for release from the service may be automatically processed if the foreign spouse "refuses to acquire Indian citizenship or wilfully delays acquisition of Indian citizenship"

for IPS officer intimation to Govt is sufficient
Ajay Sethi
Advocate, Mumbai
44365 Answers
2575 Consultations

5.0 on 5.0

Clause 8(1) of the Indian Foreign Service (conduct and discipline) Rules, 1986 says no member of the service shall marry any person other than an Indian citizen "without the prior permission in writing of the government". 
Officers who intend to marry foreign nationals have made a written application to the foreign secretary and give the government one year to reply. Clause 8(3) says, "If a member of the service contracts marriage with a person other than an Indian citizen without obtaining prior written permission, he shall be liable to be removed from the service." 
The rules further state that the government reserves the right to refuse permission if it feels to marriage will hinder proper performance of the duties of the member of the service.
Ajay Sethi
Advocate, Mumbai
44365 Answers
2575 Consultations

5.0 on 5.0

1. The Civil Service rules which apply to the IPS officers of all cadres provides that if a civil servant marries a foreign national he shall forthwith intimate the Central Government. There is no specific bar engrafted in the law which prevents a civil servant from marrying a Pakistani national. The intimation of solemnization/contract of marriage to the government shall be a compliance of the rules.

2. The prior consent of the government shall not be required except if the civil servant is an army personnel or a member of IFS, failing which he can be dismissed.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) So far as officers of the Indian Foreign
Service are concerned, they are governed by the Indian Foreign Service (Conduct&
Discipline) Rules, 1961, and orders on the subject issued by the Ministry of External
Affairs. So as far as the Government servants working in or under other
Ministries/Departments are concerned, it is considered that some security risk is likely to
be involved when a Government servant has, as his wife a foreigner, especially if the
foreigner belongs to a country with which India’s relations are not quite happy and
accordingly, this aspect has to be kept in mind while ordering the posting or transfer of
the officer concerned. It has been decided that a provision should be made in the
Conduct Rules to the effect that a Government servants who has married/marries a
foreign national should inform the Government of such marriage and that the fact of such
marriage should be kept on record in the character roll or personal file of the officer, so
that this aspect is kept in view while deciding the posting of the officer. Amendment of
the Conduct Rules will be issued separately. An officer having a foreigner as wife should
not be appointed to a post, which is considered “sensitive”. 
2) So far as an IPS officer is concerned as soon as he marries a foreign national he should inform the Central Government of the same and his future postings may have a  bearing on it in view of the said marriage. He does not however need to seek prior permission of the government to marry a foreign national including a Pakistani National.
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

IPS officer do not have to get prior permission but have to intimate the citizen ship of the spouse after marriage 

AS per THE ALL INDIA SERVICES (CONDUCT) RULES, 1968 , 19,3, says that a member of the IPS  Service who has married or marries a person other than of Indian Nationality shall forthwith intimate the fact to the Government. 

The section 19 put restrictions of normal conditions of a marriage as 
Restriction regarding marriage.— 
19 (1) No member of the Service shall enter into, or contract a marriage with a person having a spouse living;

19 (2) no member of the Service having a spouse living, shall enter into,or contract, a marriage with any person: 
Provided that the Government may permit a member of the Service to enter into or contract, any such marriage as is referred to in clause (1) or clause (2) if it is satisfied 
(a) Such marriage is permissible under the personal law applicable to such member of the Service and the other party to the marriage and 
(b) there are other grounds for so doing. 

19 (3) A member of the Service who has married or marries a person other than of Indian Nationality shall forthwith intimate the fact to the Government. 
As you know it well if an IPS lady officer accepts any other citizen ship after marriage she can be removed from the service.
Thresiamma G. Mathew
Advocate, Mumbai
1510 Answers
134 Consultations

5.0 on 5.0

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