PLURAL MARRIAGE

References
• RA Para 61, 132 & 333
• AO 44 /2001 : Discipline – Plural Marriage
• Policy letter:
ADG DV Br AHQ letter No 79333/AG/DV-1 dt 23 oct 91- Termination of
service on grounds of plural marriage
AG DV Br AHQ letter No 79333/AG/DV-1 dt 21 Oct 99
AG DV Br AHQ letter No 79333/AG/DV-1 dt 06 Apr 98
HQ SC letter No D/2408112/GEN/DV-3 dt 13 Mar2010
Case Law:
Khurshed Ahmad Khan vs state of UP 2015(2)SCC 274
R Rajendran vs The commandant Decided on 29 Oct 2008
Dinesh Kumar vs UoI & Ors Decided on 28 Nov 2005
Om Prakash Dubey vs UOI MLJ 2002 P& H 60
RK Pathik vs MS Pawar 1986(3) SLR 545
Harvinder Singh Vs Union of India O.A No. 1649 of 2012
 Introduction
• Rule of Monogamy for Christian, Parsi or Jew or to
whom the Hindu Marriage Act 1955 applies- Para 333 C
(a) to (c)

• A Muslim or other person to whom the Hindu Marriage

Act does not apply and whose personal law does not
prohibit Polygamy or Polyandry-Para 333 (B) (a) to (h)
Plural Marriage by persons in whose case it
is permissible
333 (B) Plural Marriage with out sanction

(a) No person subject to the Army Act except Gorkha personnel of

Nepalese domicile can marry again within the life time of his wife
without prior sanction of the Government. The circumstances
under which such Gorkha personnel can contract a plural
marriage are :—

(i) When the wife suffers from incurable insanity (madness),

(ii) When there is no birth till ten years of marriage,
(iii) When the wife is paralysed and cannot move,
(iv) When the wife becomes blind of both the eyes.
(v) When the wife is suffering from an infectious incurable sexually
transmitted disease.
 Plural Marriage with sanction
(b) An individual may, during the life time of his wife apply for sanction
to contract a plural marriage on any one or more of the following
grounds :—
(i) his wife has deserted him and there is sufficient proof of such
desertion;
(ii) his wife has been medically certified as being insane;
(iii) infidelity of the wife has been proved before a court of law; and
(iv) any other special circumstances which in the opinion of the
brigade or equivalent commander would justify contracting a
plural marriage.
Contents of application
(c) Applications will state the law under which the subsisting marriage
was solemnised, registered or performed and will include the
following details where applicable :—
(i) Whether the previous wife will continue to live with the husband;
(ii) if the previous wife does not propose to live with the husband,
what maintenance allowance is proposed to be paid and in what
manner; and
(iii) name, age and sex of each child by previous marriage and
maintenance allowance proposed for each in case any such
child is to live in the custody of the mother.
In all the cases, the applicant will render a certificate to the effect
that he is not a Christian, Parsi or Jew by religion, that he had
not solemnised or registered his previous marriage under the
Special Marriage Act 1954 and that the Hindu Marriage Act 1955
is not applicable to him.
(e) An indl whose marriage is alleged to have been dissolved according
to any customary or personal law but not by a judicial decree will
report, immediately
The existence and validity of the alleged custom or personal law, if
considered necessary, will be got verified from civil authorities
If it is confirmed by the civil authorities action will be taken to publish
casualty for the dissolution of the marriage.
The individual thereafter will not be required to obtain sanction for
contracting the second marriage.
(f) An application which is not ‘R’ by the CO and an authority superior to
him need not be sent to AHQ, be rejected by the GOC-in-C
(d) Applications be fwd through normal channels and each intermediate
cdr to endorse his specific ‘R’.
Such ‘R’ will be signed by the cdr himself or be personally approved by
him.
Before making his ‘R’ a cdr will satisfy himself that the reasons given
for the proposed plural marriage are fully supported by adequate
evidence.
Consequences -Plural marriage without prior
govt sanction
(i) Cases of officers will be reported through normal
channels to AHQ (AG/DV-2) with ‘R’ as to whether ex-
post-facto sanction should be obtained or adm action
should taken against the individual.
(ii) Cases of JCOs and OR will be submitted to the GOC-
in-C who will decide whether ex-post-facto sanction
should be obtained or adm action should be taken
against the individual.
In cases, where it is decided that adm action should be
taken against the individual, his service will be
terminated under orders of the competent, authority.
intermediate cdr will endorse their specific ‘R’ with reasons
thereof. Here too ‘R’ will be signed by the Cdrs
themselves or be personally approved by them.
Also, an opportunity to 'show cause' against the order of
termination of service will always be given to the indl
concerned.
(h) In no circumstances disciplinary action (Court Martial)
or Summary disposal be taken
If, however, the individual is also found to have committed
another offence connected with his act of contracting a
plural marriage, disciplinary action for the connected
offence may be taken and progressed in the normal
manner.
Plural Marriage by persons in whose case it is
not permissible
333(C)
(a) An indl whose marriage is alleged to have been dissolved
according to any recognised custom or special enactment but
not by a judicial decree will report immediately after the divorce,
the full circumstances leading to and culminating in dissolution of
marriage together with a valid proof of the existence of the
alleged recognised custom or special enactment.
The existence and validity of the alleged custom or special
enactment will be got verified from civil authorities
and if it is confirmed by the civil authorities that the divorce is valid,
action will be taken to publish the casualty for the dissolution of the
marriage.
The individual thereafter will not be required to obtain sanction for
contracting the second marriage.

Situation- Pers did not inform dissolution of first marriage

Harvinder Singh Vs Union of India O.A No. 1649 of
2012

No info of dissolution of first marriage given by indl

Order of termination of service was passed first and later SCN was
issued
Held: when facts are indisputable, only one conclusion is possible,
then common understanding of principle of NJ suggest that no
prejudice has been caused. Issue of SCN would be a useless
formality.
(b) Declaration of A plural marriage as null and void- on a petition presented to
a court of law by either party thereto
offence of bigamy.
This offence is, however, triable only on a complaint made to the civil
authority by an aggrieved party. The punishment for the offence of a
bigamy is prescribed in Sections 494 and 495 of the IPC
(c) When on receipt of a complaint from any source whatsoever of plural
marriage, no disciplinary action but administrative action to terminate his
service
In cases where cognisance has been taken by civil court matter should be
treated as sub judice and the decision of the court awaited before taking
any action.
When a person has been convicted of the offence of bigamy or where his
marriage has been declared void by a decree of court on grounds of plural
marriage, action will be taken to terminate his service under AA Section 19
read with Army Rule 14or
AA Section 20 read with Army Rule 17 as the case may be.
No ex-post-facto sanction can be accorded as such marriages are
contrary to the law of the land.
Om Prakash Dubey vs UOI MLJ 2002 P& H 60
TOS, later acquitted for bigamy from court
Held – Deptl proceeding is diff from criminal court proceedings. Acquittal
from criminal court is no bar for penality in deptl proceedings.

R Rajendran vs The commandant Decided on 29 Oct 2008

Only 04 months left when the person was dismissed from service. writ Appeal for
grant of pension and gratuity. It was held under pension rule 113, pers is not eligible
on dismissal. Hence rejected.

Dinesh Kumar vs UoI & Ors Decided on 28 Nov 2005

Pers pleaded for lesser punishment then discharge. It was held that the standard
required from an Army person is of high stature. No lesser punishment can be
awarded.

RK Pathik vs MS Pawar 1986(3) SLR 545

Officer pleaded that discharge under 14 is bad in law as 14 comes into play only
when trial is inexpedient and impracticable. Also contracting plural marriage is not a
misconduct. Hence he should be charged under sec 45.
Held- Charge under Sec 45 entails harsher punishment of cahiering.
Also it is satisfaction of competent auth that trial is inexedient.
And that pluaral marriage is misconduct
Khurshed Ahmad Khan vs state of UP 2015(2)SCC 274
Religion vs Plural marriage, violation of Art 25
• Held: Art 25 is subject to public interest, social welfare and reform
• Hence can be regulated or prohibited by legislation in the interest of
public order, morality and health or by any law providing for social
welfare and reform which the impugned legislation clearly does
• also though the personal law of Muslims permitted having as many
as four wives but it could not be said that having more than one wife
is a part of religion.
• Neither is it made obligatory by religion nor is it a matter of freedom
of conscience. Any law in favour of monogamy does not interfere
with the right to profess, practise and propagate religion and does
not involve any violation of Article 25 of the Constitution.
Smt. Sarla Mudgal, President, ... vs Union Of India & Ors on 10 May, 1995
Conversion in Islam in order to contract plural marriage- held void,
need for uniform civil code
 Provisions of RA
61. Eligibility For Appointment —Personnel who have more than
one wife living shall not be eligible for enrolment/appointment in
the Army unless specifically exempted by the Central Government

132. Recruitment-xxxxx
Personnel who have more than one wife living shall not be eligible for
enrolment/appointment in the Army unless specifically exempted by
the Central Government.
Sec 17. Punishment of Bigamy.- Any marriage between two
Hindus solemnized after the commencement of this Act is void if at
the date of such marriage either party had a husband or wife living;
and the provisions of Sections 494 and 495 of the Indian Penal
Code (45 of 1860) shall apply accordingly. HMA, 1955

Sec 44. Punishment of bigamy.-- Every person whose marriage is

solemnized under this Act and who, during the lifetime of his or her
wife or husband, contracts any other marriage shall be subject to
the penalties provided in Secs.494 and 495 of the Indian Penal
Code, 1860 (45 of 1860) for the offence of marrying again during the
lifetime of a husband or wife, and the marriage so contracted shall
be void. Special Marriage Act, 1954
CrPC 198. Prosecution for offences against marriage.
(1) No court shall take cognizance of any offence punishable under
Chapter XX of the Indian Penal Code (45 of 1860) except upon a
complaint made by some person aggrieved by the offence:
Provided that-
(a)xxxxxx
(b)Xxxxx
(c) Where the person aggrieved by an offence punishable under section
494 or section 495 of the Indian Penal Code is the wife, complaint
may be made on her behalf by her father, mother, brother, sister, son
or daughter or by her father’s or mother’s, brother or sister or, with the
leave of the court, by any other person related to her by blood,
marriage or adoption.
(2) For the purpose of sub-section (1), no person other than the husband
of the woman, shall be deemed to be aggrieved by any offence
punishable under section 497 or section 498 of the said Code:
Provided that in the absence of the husband, some person who had care
of the woman on his behalf at the time when such offence was
committed may, with the leave of the court, make a complaint on his
behalf
ADG DV Br AHQ letter No 79333/AG/DV-1 dt 23 oct 91- Termination
of service on grounds of plural marriage
• Admn termination of services- mode of termination not specified, so
discretion with CA
• Where civil court has declared marriage void & convicted for
bigamy-
Offrs- AA sec 19 r/w AR 14
JCO/OR- AA sec 20 r/w AR 17
Hence either dismissal or removal will take place. Hence grant of
pension is matter of discretion.
•In cases where no conviction by civil court discretion with competent
auth-
Offrs- call upon him to retire, resign and on his refusal
compulsorily retire or remove from service under AR 14 on pension
and gratuity
JCO/OR- discharge under AR 13
In the order of termination of service, mode of termination should be
specified.
Thank You