Govt rule barring 2nd marriage not violative of Article 25: SC
10 Feb 2015 1:23 AM GMT
The apex court said the Conduct Rules of the Uttar Pradesh government for its employees, which mandates prior permission for contracting second marriage during the existence of the first marriage, is not violative of Article 25 of the Constitution.
The court was dealing with an appeal filed by a Muslim employee in UP’s Irrigation Department challenging a disciplinary authority order removing him from service for proven misconduct of another marriage during the existence of the first marriage, which was upheld by Allahabad High Court.
Holding that there was no need to interfere with the High Court’s finding on “proven misconduct”, a bench comprising justices T S Thakur and Adarsh Kumar Goel said his contention that such rule was violative of Article 25 was answered by the apex court in Javed vs State of Haryana matter.
The court was dealing with an appeal filed by a Muslim employee in UP’s Irrigation Department challenging a disciplinary authority order removing him from service for proven misconduct of another marriage during the existence of the first marriage, which was upheld by Allahabad High Court.
Holding that there was no need to interfere with the High Court’s finding on “proven misconduct”, a bench comprising justices T S Thakur and Adarsh Kumar Goel said his contention that such rule was violative of Article 25 was answered by the apex court in Javed vs State of Haryana matter.
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