1. See being government servant you cannot remarry in substance of first marriage you can try divorcing your wife through the traditional tribal culture and can file declaration of same in court.

2. Further you can apply for such permission but permission shall not be granted on this ground you can divorce her as per traditional way and can file declaration of same in.court.

3. You can take this ground but it no where valid ground of divorce also.

4. Yes you can make this ground very well.for.divorce and permission.

You can write a letter to you appointing authority seeking such permission.

Dear Client,

HMA act dose not apply to tribal (schedule tribe) but no such exception under Indian Penal Code.

Marriage will annul under customary law. Hope marriage not solemnized under HMA and your wife also belongs to ST.

If custom prevail in your surrounding permits second marriage than on this sole ground permission will grant, just refer the custom and site some examples also.

And to strengthen your claim, take ground of willful desertion, infertility of wife and her unwillingness to serve marital ties with you.

Write application to head of dept. sitting rule 21.

See you approach munda of your village and then can file.declaration of same.

See getting permission for second marriage under central rules there is no such provision for same.

The tribal people do not come under the hindu marriage act until the government notifies it n a particular state or  the whole country.

Therefore if multiple marriages are allowed in your tribe you can marry another woman.

The procedure for divorce would be the one followed in your tribe. You should file a representation to the state government and inform them of your decision and the custom prevalent in your tribe.

If the government does not entertain your request file a writ petition in the hc.

Regards 

You dont have to get permission. A munda tribe head must be there. Or otherwise as per the traditional procedure divorce your wife and marry the second woman.

Rule 21 of the Central Civil Services (Conduct) Rules, 1964  states that no Government servant, having a spouse living, shall enter into, or contract, a marriage with any person. Proviso to the Rules states that the Central Government may permit a Government servant to enter into, or contract, any such marriage, if it is satisfied that such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage.

2)  reasons  for second marriage can be mentioned that wife has deserted you for last 3 years . . It is for the Government to decide whether permission should be granted or not.

1) you can divorce your wife as per customs prevalent in your tribal community 

2) for custom to have the colour of a rule or law, it is necessary for the party claiming it to plead and thereafter prove that such custom is :

i)ancient,

ii)certain and

iii) reasonable.

3) such practice/ custom is ancient and being followed from time immemorial and that to continuously without any break. . if there is custom for divorce to be granted by panchayat then you have to apply to panchayat for customary divorce from your wife 

Where your marriage has been solemnized ? In village or city ?

If it is applicable in your customs you can have second marriage. No court will give you permission without divorce you can only take shelter of your approved custom of second marriage prevalent in your society

Dear Sir,

If a custom is prevailing over several decade, its valid under any law and there is no need to get a formal decree from the court. But when some one challenges such marriage or divorce, you need to prove the custom. Court in such cases decide whether the marriage or divorce is valid or not.

Tribal can't be prosecuted for bigamy under IPC: SC

The Supreme Court has affirmed a Delhi High Court judgment that in the absence of a notification in terms of sub- section (2) of Section 2 of the Hindu Marriage Act 1955, no case for prosecution of a husband - a tribal (Santhal) - for bigamy under Section 494 of the Indian Penal Code was made out by the appellant-wife, also a tribal (Oraon), because ``the second marriage solemnised by him cannot be termed void either under the 1955 Act or any alleged custom having the force of law''.

(According to sub-section 2 of Section 2, the 1995 Act shall not apply to any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Centre directs otherwise in a gazette notification).

As the parties admittedly belong to the `Scheduled Tribes' within the meaning of clause (25) of Article 366, as notified by the Constitution (Scheduled Tribes) Order, 1950 as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Acts 63 of 1956, 108 of 1976, 18 of 1987 and 15 of 1990 passed in terms of Article 342 and ``in the absence of specific pleadings, evidence and proof of the alleged `custom' making the second marriage void, no offence under Section 494 of the IPC can possibly be made out against the respondent,'' a Bench said.

Delivering the judgment, Mr. Justice R.P. Sethi held that the trial magistrate and the High Court ``have rightly dismissed the complaint of the appellant''.

The Bench, which included Mr. Justice K.T. Thomas noted that in order to prove that the second marriage was void, the appellant was under an obligation to show the existence of a `custom' which made the marriage null and ineffectual, having no force of law or binding effect, incapable of being enforced in law or non-est. ``The fact of second marriage being void is a sine qua non for the applicability of Section 494 IPC.''

The Bench, however, said the appellant ``is at liberty to get her right - (to maintenance, succession and other benefits as `the legally wedded wife' of the respondent) - established by way of civil proceedings in a competent court''. ``If any such proceedings are initiated, the same would be decided on their merits in accordance with the principles of the pleadings and proof, not being influenced by any of the observations made by the trial magistrate or the High Court.''

The woman filed a criminal complaint in the court of the Chief Metropolitan Magistrate, New Delhi, stating her marriage was solemnised with the respondent in Delhi ``according to Hindu rites and customs''. But he solemnised a second marriage with another woman (accused 2).

The wife relied upon a custom in the tribe ``which mandated monogamy as a rule''.

It was conceded by the appellant that ``the parties to the petition are two `tribals,' who otherwise profess Hinduism, but their marriage being out of the purview of the Hindu Marriage Act, 1955 in the light of Section 2(2) of the 1955 Act, are thus governed only by their Santal customs and usage''.

1. There is no such rule under which you can be granted permission for the second marriage.

2. Though court is not competent but tribalj councils and gram panchayats are there so put your case before them before proceeding to second marriage otherwise this will be a disaster for you.

3. This is not a sufficient ground make some other grounds like adultery etc.

4. This is the top and correct ground of cruelty make it at once.

If you are confident that you are exempted from the provisions of law under section 494 IPC  you can quote the relevant law which exempts you from marrying you second time during the subsistence of your previous marriage in your application seeking permission to marry again in the given circumstances.

.

Dont give that reason because then who will be competent to grant you divorce, you may be instructed to  obtain divorce through that competent authority which will become more complicated.

Wife's infertility is not a ground for divorce however you  may see that if this permissible for seeking second marriage during the subsistence of first  marriage as per your tribal law.

The desertion is strong ground for seeking divorce, you can obtain divorce from your community head and then proceed with your proposal to marry another person.

You may have to visit your native village only for getting the marriage dissolved.

First of all where did you get married and as per which ritual, whether the tribal ritual or by Hindu religious rituals?

If it was by tribal rituals then yo can approach the person who solemnised your marriage and get your marriage dissolved as per your customary practice.

1. As you have yourself stated that there is no law applicable in you except your own religion.
2. But, there must be a ground for seeking the same as divorce can’t be allowed on the wimps and fancies of the parties.
3. Yes, you should right to the department stating the reason for seeking divorce and why not going under any other act or provision of law.
4. If department answers in negative then you may have to approach the court of law by making department as a party in it.