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Showing posts with the label Second marriage against to the service rules and with out intimation and permission

Second marriage against to the service rules and with out intimation and permission - The question raised for consideration relates to validity of order dated 17th June, 2008 removing the appellant from service for proved misconduct of contracting another marriage during existence of the first marriage without permission of the Government in violation of Rule 29(1) of the U.P. Government Servant Conduct Rules, 1956 (for short "the Conduct Rules") . = In our view, a statutory provision casting disqualification on contesting for, or holding, an elective office is not violative of Article 25 of the Constitution. . ..........It may be permissible for Muslims to enter into four marriages with four women and for anyone whether a Muslim or belonging to any other community or religion to procreate as many children as he likes but no religion in India dictates or mandates as an obligation to enter into bigamy or polygamy or to have children more than one. What is permitted or not prohibited by a religion does not become a religious practice or a positive tenet of a religion. A practice does not acquire the sanction of religion simply because it is permitted. Assuming the practice of having more wives than one or procreating more children than one is a practice followed by any community or group of people, the same 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." In view of the above, we are unable to hold that the Conduct Rule in any manner violates Article 25 of the Constitution. -2015 S.C. msklawreports

Second marriage against to the service rules and with out intimation and permission -The question raised for consideration relates to validity of  order dated 17th June,  2008  removing  the  appellant  from  service  for  proved misconduct of contracting another marriage during  existence  of  the  first marriage without permission of the Government in violation of Rule 29(1)  of the U.P. Government Servant Conduct Rules,  1956  (for  short  "the  Conduct Rules") . =     In  our  view,  a  statutory  provision  casting  disqualification   on contesting for, or holding, an elective office is not violative  of  Article 25 of the Constitution. . ..........It  may  be  permissible  for  Muslims  to  enter  into  four marriages with four women and for anyone whether a Muslim  ...