Jammu and Kashmir cops to be punished if marrying second time without government consent

A police official said second marriage cases reported to police are just a tip of an iceberg.

Published: 22nd February 2017 08:51 PM  |   Last Updated: 22nd February 2017 08:52 PM   |  A+A-

For representational purpose

Express News Service

SRINAGAR: Jammu and Kashmir police has cautioned its men and officials against indulging in bigamy warning that those who defy the order would be punished and their increments of at least one year stopped.

Additional Director General of Police (ADGP), J&K Armed Police, L Mohanti has issued a circular stating that it has been observed that contracting second marriage without adopting the due procedure as laid down in the Government Employees Services Conduct Rules is on the rise as far as police officers and officials of Armed zone are concerned.

"Since it is a serious misconduct and is having the adverse and harsh impact on the welfare of the personnel's first wife and children, it warrants stern departmental action,” reads the order.

It states that it has been found that lenient punishments are being awarded to the delinquent officials, which are not appropriate or commensurating their guilt.

"Hence, it is enjoined upon all the competent authorities that suitable and commensurate punishments may be awarded to the officers against whom the allegation of second marriage without proper permission are established during the course of inquiry. It would be advisable if the punishment of forfeiture of increment for atleast one year is awarded to such police officials to check this menace,” added the order.

The order has come amidst the rise in cases of second marriages by the policemen and officials.

A police official said second marriage cases reported to police are just a tip of an iceberg. “A woman in a village or a far flung place cannot go to a police station to lodge a case against her policemen husband for marrying again”.

Asked why the need was felt to issue a circular and warn policemen and officials against going for the second marriage, Mohanti told Express that it has been observed that policemen were deserting their wives and children by going for the second marriage.

“They think that it is their personal law and they can perform the second marriage. It is against the conduct rules, which is very clear that the government employees should not get married the second time without the prior permission of the government. It is a serious misconduct of Government Employees Service Conduct Rules 1971,” he said.

The ADGP said in case the person has to go for second marriage, he has to first apply for permission to the government. “The government will conduct a thorough inquiry to find out whether his reasons for divorcing and going for the second marriage are right or justified.”

He said without prior approval of the government, the policemen and officials cannot marry again.

Asked whether they had taken the religious leaders into confidence, Mohanti said, “There was no need as conduct rules take precedence over the affairs. Even Supreme Court in a case has clearly stated that religion is a matter of faith and bigamy is counter to morality, public order and health”.

He said Shariah law is also very clear in this regard.

“It says that you have to take care of your wife, take her consent and give her maintenance before going for second marriage,” he added.

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