You will lost job, service rules dose not consider customary divorce neither permit bigamy, whether any customary laws concession.

Actual legal position informed you, rest your choice.

Dear Sir,

The following information may kindly be read:

Bigamy act does not apply to Scheduled Tribes: HC

Bigamy is an offence under Section 494 of the Indian Penal Code, punishable with seven years' rigorous imprisonment and fine. But this penal provision will not apply if the offender is a member of the Schedule Tribes.

This is the import of a recent judgment of the Delhi high court. The verdict, rife with serious implications, was delivered by Justice M S A Siddiqui, while allowing a revision petition, setting aside orders of an additional sessions judge. The sessions judge had reversed an order of discharge passed by a metropolitan magistrate in a bigamy case.

Surajmani Stella Kaujur, daughter of a former Union minister and the first wife of Durga Charan Hansdah, a senior RBI officer at Hyderabad (the petitioner before the high court), aggrieved by her husband's conduct in marrying a second time, lodged a complaint under Section 494 IPC against him and his second wife.

On the complaint being filed, process was issued against the petitioner's husband. After recording pre-charge evidence, the metropolitan magistrate discharged him on the ground that the complainant - the first wife -- had failed to prove that the second marriage allegedly contracted by the accused husband attracted the penal provisional Section 494 IPC.

The first wife challenged the discharge order passed by the metropolitan magistrate before the additional sessions judge which was allowed vide orders dated February 26, 1997. The additional sessions judge directed the trial court to frame a charge against the accused husband under Section 494 IPC. Hence, the revision petition before the high court by the accused husband.

Assailing the validity of the impugned order, Anukulchandra Pradhan, counsel for the accused husband, urged that the parties being members of the Scheduled Tribe, were not governed by the provisions of the Hindu Marriage Act, 1955, and the sessions judge had committed a patent illegality in applying the provision of the act to the facts of the present case and holding that a prima facie case had been made out against the petitioner-husband.

Analysing the provisions of section 5 of the act which prescribes conditions to be fulfilled for the solemnisation of a marriage between two Hindus, the high court in its judgment said the marriage between two Hindus was null and void if either of them had a spouse living at the time of marriage.

''Section 17 of the act provides that any marriage between two Hindus solemnised after the commencement of the act is void if at the date of such marriage either party had a husband or a wife living. Thus, Section 17 of the act statutorily recognises the principle of monogamous marriages among Hindus, '' the high court added.

The court said the provision of Section 17 has to be read in harmony and conjunction with the provision of Section 494 IPC as Section 17 clearly provides that provisions of Sections 494 and 495 IPC shall apply accordingly.

The court said a complaint by a Hindu wife against her husband for the offence of bigamy was maintainable as the effect of Section 17 of the act was to make Section 494 IPC applicable to Hindus.

'In the instant case, it is an admitted fact that the petitioner and his second wife are members of the Scheduled Tribe. Under Section 2 (2) of the act it has been clearly stipulated that the act would not apply to the members of the scheduled tribe unless there is a notification of the central government in the official gazette, making the act applicable to the Scheduled Tribe,'' the court observed.

Thus, Sub-section (2) of Section 2 of the act, the court said, has the effect of laying down that persons belonging to Scheduled Tribes will in the matter of marriages, continue to be governed by their personal law which was hitherto applied to them and not by any of the provisions of the act unless the central government by a notification directs that any such provision should be applicable to them.

The court said no such notification had been produced before it and in view of the matter, it had no hesitation in coming to the conclusion that the petitioner and his second wife were not governed by the provisions of the act and so the provisions of Sections 17 and 494 IPC were not attracted to the facts of the present case.

''The petitioner husband was rightly discharged by the metropolitan magistrate and the additional sessions judge has committed a manifest illegality in reversing the order of discharge. Consequently the impugned order cannot be allowed to stand as it has resulted in flagrant miscarriage of justice,'' Justice Siddiqui held.

File police complaint against your parents for criminal breach of trust under section 406 of IPC for refusing to return your documents etc 

2) file suit for eviction if they have forcibly taken possession of your property 

Contact a local lawyer and take legal proceedings as mentioned herein above 

If you remarried during subsistence of earlier marriage you can be dismissed from govt service 

The tribal areas or the people who belong to tribes as recognized by the government of India are exempted from the application of the hindu marriage act. Therefore if a certain practice is a custom then you can have immunity.

Regards 

Moreover the divorce laws are not applicable upon tribes as has been laid down by the law.

Maintenance can be asked by wife under section 125 irrespective of the personal customs

Has your office issued any notice upon you

1. Even of your Tribal practice allows polygamy but your Service rules may not allow it and hence if this fact is brought to the notice of the employer you may loose your job.

2. You being the father of the children can file a suit for custody of the children . However if in the said suit if your children wishes not to go with you then you will not get back them though you may get an order for their visitation.

3. To get back the documents you can file case u/s 406 IPC.

Respected sir.. 

In an important judgement on application of customs in the matter of family law, the Supreme Court has held that the customary law will prevail over the statutory law in cases where the legislation is silent on the issue... But in your case legislation is not silent so either you have to divorce your first wife and then marry and now you did so then take divorce with Imideat effact else department will have to open enquiry against you... 

Thank you

you can state the same as the marriage is legal as per your tribal custom. 

your second marriage is surely illegal and for this you may criminally prosecuted for bigamy. your employment may also be terminate

Second marriage by a government servant without dissolving the previous marriage is an offence under section 494 ipc for bigamy.

So you may have to deal with the subject matter carefully because anyone complaining on this agaisnt you may also cause you harm even costing your employment.

To prevent losing your job you must compromise with the complainant and request her to withdraw the complaint.

Dear

You can lose your job if you have married without getting divorce from your first wife. Because service rules doesn't permit bigamy. Whether it is allowed in customs or not. 

For documents and other articles you can Lodge a police complaint.

For children you can file a case of custody under guardian and ward act against your parents and wife and for property you have to file a civil suit.