The Delhi High Court was considering a Writ Petition filed by the CISF Constable against his dismissal from service on allegation that he had contracted a second marriage while his first marriage was subsisting.
The Delhi High Court, while affirming the dismissal of a CISF Constable from service for entering into a second marriage, held that a Hindu marriage cannot be dissolved merely by executing a dissolution deed before village elders.
The Court was dealing with a writ petition filed by the constable challenging his dismissal, which was based on the allegation that he had contracted a second marriage during the subsistence of his first.
The Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla observed, “On merits, there is no dispute about the fact that the petitioner contracted the second marriage while her husband’s first marriage was subsisting. The only contention advanced is that the first marriage had been dissolved by signing of a marriage dissolution deed before the persons of the village. We are unaware of any law or principle by which a duly solemnized Hindu marriage can be dissolved by signing a marriage dissolution deed in front of village persons.”
The Petitioner was represented by Advocate Shilpa Saini, while Special Public Prosecutor Farman Ali appeared for the Respondent.
In response to the Petitioner’s claim that the first marriage had been dissolved through a dissolution deed dated October 15, 2017, executed before “social people and witnesses,” the Court observed that a validly solemnized Hindu marriage cannot be dissolved in such a manner.
It further held that the matter was squarely governed by Rule 18 of the CISF Rules, which prohibits contracting a second marriage during service, as well as by the Division Bench ruling in Bazir Singh.
Consequently, the Petition was dismissed.