Act against govt staff resorting to bigamy: HC
K.Kaushik@timesgroup.com
Madurai:27.07.2019
If any public servant is found to have indulged in bigamy, authorities concerned must initiate disciplinary proceedings and register a criminal case, as bigamy is not just a misconduct, but also a punishable offence carrying seven-year imprisonment, Madras high court has said.
"Authorities competent as well as the higher officials, on information of any such offence of bigamous marriage, must immediately act and initiate all further actions against the public servants. In the event of initiating swift actions, the evil consequences of such bigamous marriages can be brought down to the extent possible," observed Justice SM Subramaniam.
He was passing orders on a petition filed by R Thenmozhi, who is the second wife of a deceased police officer. She had moved the Madurai bench of the court in 2014 staking claim over retirement benefits and other terminal monetary benefits of her deceased husband.
She said that though she married him in 1982, only in 1994 did she come to know that her husband was already married. When she lodged a complaint with Usilampatti police, they conducted a ‘mediation’ and it was ‘agreed’ that her husband would also ‘maintain’ his second family. After his death in 2011, she moved to the court saying she should be paid at least half of the pensionary benefits.
Justice Subramaniam, wondering as to how a police station could conduct ‘mediation’ in respect of the second marriage of a police officer, said, “such a situation is not only painful but also illegal.”
Marrying again during the lifetime husband or wife is an offence punishable with an imprisonment upto seven years and fine under Section 494 of IPC. Section 495 of IPC entails the same offence with concealment of former marriage from a person with whom subsequent marriage is contracted.
The judge also lamented that in a number of cases, illegal marriages were not identified when the public servants concerned were still in service. In most of the cases, counter-claims arise only after the retirement of the public servants or in the event of their death, he said.
K.Kaushik@timesgroup.com
Madurai:27.07.2019
If any public servant is found to have indulged in bigamy, authorities concerned must initiate disciplinary proceedings and register a criminal case, as bigamy is not just a misconduct, but also a punishable offence carrying seven-year imprisonment, Madras high court has said.
"Authorities competent as well as the higher officials, on information of any such offence of bigamous marriage, must immediately act and initiate all further actions against the public servants. In the event of initiating swift actions, the evil consequences of such bigamous marriages can be brought down to the extent possible," observed Justice SM Subramaniam.
He was passing orders on a petition filed by R Thenmozhi, who is the second wife of a deceased police officer. She had moved the Madurai bench of the court in 2014 staking claim over retirement benefits and other terminal monetary benefits of her deceased husband.
She said that though she married him in 1982, only in 1994 did she come to know that her husband was already married. When she lodged a complaint with Usilampatti police, they conducted a ‘mediation’ and it was ‘agreed’ that her husband would also ‘maintain’ his second family. After his death in 2011, she moved to the court saying she should be paid at least half of the pensionary benefits.
Justice Subramaniam, wondering as to how a police station could conduct ‘mediation’ in respect of the second marriage of a police officer, said, “such a situation is not only painful but also illegal.”
Marrying again during the lifetime husband or wife is an offence punishable with an imprisonment upto seven years and fine under Section 494 of IPC. Section 495 of IPC entails the same offence with concealment of former marriage from a person with whom subsequent marriage is contracted.
The judge also lamented that in a number of cases, illegal marriages were not identified when the public servants concerned were still in service. In most of the cases, counter-claims arise only after the retirement of the public servants or in the event of their death, he said.
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Nice article regarding Bigamy
ReplyDeletehttps://www.divorcecaselawyers.com/bigamy/