Proof of customary divorce is valid in proceedings against bigamy charges: HC

Proof of customary divorce is valid in proceedings against bigamy charges: HC

TNN | Sep 18, 2020, 04.49 AM IST

Madurai: Observing that proof of customary divorce is a valid defence in departmental proceedings against bigamy charges, the Madras high court set aside the punishment imposed on a policeman.

The court was hearing the petition filed by Sudalaimani who joined service as grade II police constable and was subsequently promoted as head constable in 2008. During his service, the petitioner married Muthammal alias Muthulakshmi in 1996 and has two children. In 2007, the petitioner married Jeevarathinam, a sub inspector of police.

A charge-memo was issued to the petitioner over bigamy charges, and after departmental inquiry, he was demoted from head constable to grade one police constable in 2014, citing that he had violated rule 23(1)(b) of the Tamil Nadu Subordinate Police Officers Conduct Rules,1964.

Justice R M T Teekaa Raman observed that the core question to be decided in this case is that whether the plea of customary divorce is a valid defence in the departmental proceedings action initiated for bigamy. The judge noted that the statement by the petitioner’s first wife Muthammal assumes significance in view of the certain admissions made by her to the inquiry officer.

Muthammal had categorically stated that due to a misunderstanding, a customary divorce was held between them as per the customs prevailing in the community and the same was executed in writing as a marriage dissolution deed in 2003. The judge observed that Muthammal had not filed the complaint against the petitioner and it was Jeevarathinam’s brother who had given the complaint since he had a civil dispute with his mother.

The judge observed that disciplinary proceedings initiated for bigamy could have been maintainable even if second marriage is contracted with the knowledge of the first wife and even if third party gives a complaint. However, plea of customary divorce is a valid defence in a departmental proceedings initiated for misconduct of bigamy if the delinquent officer proves the execution of customary divorce, which the petitioner has been able to do so in this case.

The court set aside the punishment observing that the authorities had chosen to give a finding that the remarriage of petitioner with Jeevarathinam was not solemnized or registered in a proper manner.