Guwahati: Assam government employees cannot marry a second time without the permission of the state if their first wives are alive, the Himanta Biswa Sarma-led cabinet has notified.
Signed by Additional Chief Secretary Niraj Verma, a 20 October notification said the government’s nod was necessary even though these employees’ personal laws permitted a second marriage.
The notification also stated that without the government’s permission, no woman employee could marry a person who already has a wife.
The BJP state’s directive was issued under provisions of Rule 26 of the Assam Civil Services (Conduct), 1965.
In the likely case of a violation, a major penalty would be imposed, the government said, and the employee would have to take compulsory retirement.
Saying bigamy would be “a gross misconduct on part of a government servant having large bearings on the society”, the notification also warned of legal proceedings against an errant employee.
Chief Minister Himanta Biswa Sarma said Thursday that no government employee in Assam – from the point of view of its existing service rules – was entitled to a second marriage. “However, if some religion allows you to enter into a second marriage, you have to seek permission from the state government,” he said.
Sarma said there were often cases when both wives fight for a deceased employee’s pension. “We find it very difficult to settle those disputes. Many widows today are deprived of these pensions because of conflicting claims,” he added.
Though it is not immediately known if any government servant has married a second time – violating service rules – a government official told ThePrint that anyone could marry after obtaining a divorce.
In August 2018, the Supreme Court had clarified that a second marriage was valid even if divorce proceedings of the first was pending in court, provided both parties from the first marriage have amicably parted and have decided not to contest the decision.
(Edited by Tikli Basu)
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