LegalCrystal – Blog

MUSLIM MEN BE AWARE OF THE  RULES!

RELIGION BASED PERSONAL LAWS CANNOT BE INVOKED TO PREVENT GOVERNMENT RULES!

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After 23 years in Court, a Muslim Constable’s plea that he did not fail afoul of a bigamy charge as this was permissible according to his religion, has been decisively quashed by the Supreme Court that dismissed his special leave petition against a high court ruling.

The Supreme Court decision not to entertain the special leave petition clearly establishes that those in government jobs cannot get around service rules that stipulate dismissal from service for bigamous employees.The Supreme Court said that religion based personal laws cannot be invoked to prevent government rules from being enforced.

The former Rajasthan Police Constable Liyakat Ali, challenged the termination of his services under the Rajasthan Civil Services (conduct)Rules 1971, banning second marriage without divorcing the first wife.

The Supreme Court last week upheld the High Court ruling against Ali on the ground that he had contracted a second marriage without divorcing his first wife. Ali’s contention was that Muslim personal law did not prohibit a second marriage even as the relation with first wife remained legally binding.

The law did not mandate taking permission of the government and Ali married Maksuda Khatun without divorcing his first wife Farida Khatun.

Though the dismissed Constable had taken a plea that he had divorced his first wife before contracting the marriage with Maksuda, the inquiry reportedly revealed that the first marriage had not been annulled when he married for the second time.

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