Restriction regarding marriage

21. Restriction regarding marriage

(1) No Government servant shall enter into, or contract, a marriage with a person having a spouse living; and

(2) No Government servant having a spouse living, shall enter into, or contract, a marriage with any person:

Provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage as is referred to in clause (1) or clause (2), if it is satisfied that -

(a) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and

(b) there are other grounds for so doing.

(3) A Government servant who has married or marries a person other than of Indian nationality shall forthwith intimate the fact to the Government.

Government of India Decisions

(1) Procedure for dealing with requests from Government servants for permission to remarry while first wife is still living.

Cases under this rule have been referred to the Home Ministry for advice whether the permission sought should be given, without any preliminary enquiry into the facts alleged. Such references have caused unnecessary loss of time as no advice can be given without ascertaining to what extent the facts alleged are correct. It is, therefore, requested that before such cases are referred to the Home Ministry, the Ministry or Department concerned should cause an enquiry to be made on the following lines.

The first point to be scrutinized when an application for permission is received, is whether such marriage is permissible under the personal law applicable to the applicant. If so, the question arises whether there are sufficient grounds for allowing an exception to Government’s general policy. The alleged grounds given in support of the request should be scrutinized to see whether the allegations are true and well-founded. In case the wife also joins the applicant, it should be ascertained whether she has willingly consented and whether any letter etc., purporting to proceed from her is genuine and is the outcome of her own free will. For this purpose, higher officers in the department concerned may, if necessary send for the applicant and his wife and make personal enquiries. Where the first wife’s views have not been stated, they should, if possible, be ascertained. If permission is sought on grounds of alleged sickness of the wife, as much information as possible should be obtained in consultation with the medical authorities. The arrangements made by the husband for the maintenance of the first wife should also be ascertained and it should examined whether they are satisfactory.

It is requested that the procedure suggested should be brought to the notice of all the subordinate authorities who may have occasion to deal with such cases.

[MHA OM No. 219/51-Ests. dated 16.02.1955]