Srinagar, Sep 30 (KNS) — A court here has asked the Jammu and Kashmir Horticulture Department to examine whether one of its employees contracted a second marriage without prior permission while his first wife was still living, in a case that could trigger scrutiny under service conduct rules.
The direction was issued by Special Mobile Magistrate Massarat Jabeen while disposing of a petition filed under the Protection of Women from Domestic Violence Act, 2005, by Sheema Iqbal against her husband, Iqbal Ahmad Wafai.
The petitioner was represented by Advocate Naveed Gull.
The court took note of a report by an implementing agency stating that the respondent had denied the petitioner access to their shared accommodation, claiming he had remarried and was living there with his second wife.
Acting on the report, the Magistrate directed that a copy of the judgment, along with the implementing agency's report and other relevant material relating to the alleged second marriage, be sent to the Commissioner Secretary, Horticulture Department.
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The competent authority has been asked to examine whether the respondent, being a government employee with a living spouse, contracted another marriage without obtaining the prior permission mandated under Rule 22 of the Jammu and Kashmir Government Employees (Conduct Rules), 1971.
The court, however, clarified that the direction does not amount to a finding of misconduct. It said the authority must examine relevant records and give the respondent an opportunity of being heard before deciding whether any service rule violation occurred. Departmental proceedings may be initiated if sufficient grounds are found.
The Magistrate further made it clear that the judgment is not a final adjudication on the validity of the alleged second marriage or related personal-law questions, leaving those issues open for determination by the competent forum if raised. (KNS)
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