• Permission before marriage

I am a central government employee (Railways) and got married to a foreign born lady in 2009. As soon as I informed about my marriage to the railways authority to get my wife's name included to my service records, I was asked why I hadn't seek for a Permission before getting married to someone than Indian national. I felt terribly insulted. I think, they have insulted my wife, me and our marriage. Even verbally abused me and asked me how I dared to marry a foreigner being a government employee. They are only asking for her citizenship certificate and hence she is not an Indian citizen and doesn't want to accept Indian citizenship, how can I produce one before them. Even once I asked for an NOC in order to create a passport for myself which will bear my wife's name, so that she can avail VISA from her country easily as passport is the only proof of my Indian citizenship in abroad but then also they denied to provide me with an NOC because they said that they did not accept our marriage at all. For this long period, I am being denied me of my rights and insulted me in these manners. Can I seek justice by bringing the matter before the Honourable Court of Law? Kindly suggest what measure I can adopt now because I am going through a huge psychological stress. I have also filed an RTI asking for the reasons of such an insult, instead of answering my query, they directed me to submit the citizen certificate of my wife thought the RTI response and it took nearly 5 months to respond to my RTI.
Asked 2 years ago in Civil Law from Kolkata, West Bengal
if as per railways conduct service rules prior permission is necessary to marry a foreigner you should have obtained permission of the employer . 

21.Restrictions Regarding Marriage.—(1) No railway servant shall 
enter into, or contract, a marriage with a person having spouse living: and, 
(2) No railway servant, having a spouse living shall enter into, or 
contract, a marriage with any person . 
(3) A railway servant who has married or married a person other than 
of Indian Nationality shall forthwith intimate the fact to the 
Government. Provided that the government may permit a railway 
servant to enter into, or contract, any such marriage as isreferred 
to in clause (1) or clause (2), if it is satisfied that— 
 
(a) such marriage is permissible under the personal law applicable 
tosuch railway servant and other party to the marriage ; and 
(b) there are other grounds for so doing
Ajay Sethi
Advocate, Mumbai
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convince your wife to apply for indian citizenship
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
1. You were required to take prior permission for marrying a foreign citizen,

2. Do not submit the citizen certificate of your wife now, since the authority will get an evidence to prove your misconduct & may bring charge against you,

3. The authority is bound by law,

4. Meantime convince your wife to change her citizenship.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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1) you have not mentioned the country wherein your wife is a citizen . you have to check the law laid down by said country regarding dual citizenship 

2) as per railway conduct rules you have to intimate the government regarding your marriage with foreign national . govt can grant such permission at its discretion
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
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in your case Govt wants your wife to take up indian citizenship for recognition of your marriage . if your wife refuses to do so Govt  wont grant your wife the benefits . in the vent you are aggrieved by said order you can file writ petition in HC against the railway authorities
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
thanks for your appreciation . 

since you are a railway employee you are bound by railway service conduct rules laid  down by by Government . i have already reproduced the relevant extracts for your information and guidance . it is at discretion of the government to grant permission  for marriage . if the govt is insisting on citizenship certificate for your wife it is in your interest to comply with the said  orders
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
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1. All your arguments in favour of your decision to marry your foreigner wife without prior permission may be right but the authority has framed such rule, expectedly, after taking in to consideration  all such arguments  against, may be, prospective threats envisaged while marrying foreigners,

2. You shall have to abide by the law of the land.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0

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