‘Muslim can’t marry twice if service rules prohibit it’

  • HT Correspondent, Hindustan Times, New Delhi
  • Updated: Feb 10, 2015 01:02 IST

The Supreme Court Monday held that Muslim government employee — who re-married without divorcing his first wife and in turn contravenes service rules prohibiting the same — could be sacked for breach of law.

A bench, headed by justice TS Thakur, ruled that although Muslim personal law allows a man to marry more than once, government rules prohibit employees from marrying twice during the subsistence of a valid marriage — he or she is liable to be terminated if the rule is violated.

SC gave the verdict while dismissing the appeal of Khursheed Ahmad Khan, against the Allahabad high court judgment upholding Uttar Pradesh government’s termination order.

Khan, employed as irrigation supervisor with the irrigation department, had married twice despite conduct rules prohibiting it. He was removed from service on June 17, 2008. Khan’s plea of having divorced his first wife was proved incorrect by departmental inquiry initiated against him. The affidavit he filed in support of his contention was declared false.

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