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CRPF personnel cannot marry second time without consent from authorities: J&K HC
6/27/2015 11:24:48 PM
Early Times Report

Srinagar, June 27: Upholding the forcible retirement of a CRPF jawan, Jammu and Kashmir High Court said a paramilitary personnel cannot marry second time without the consent from higher authorities.
A single bench of Justice Hasnain Masoodi dismissed the petition filed by CRPF jawan Tajdar Khan, who had challenged his forcible retirement from service after he married second time without the consent from higher authorities.
The petitioner had challenged his retirement from service saying that under the Muslim Personal Law (MPL), "he was entitled to marry second time since his first wife was suffering from prolonged illness."
However, dismissing the Khan’s petition Justice, Masoodi observed that Khan not only violated the Rule 15 of CRPF Rules, 1955 but also made the life of first and second wife miserable.
The court said Khan shocked Naseema Begum, his first wife and three children by marrying second time and later tried to throw them out.
However, when the department issued show cause notice to Khan, he let down his second wife Razia by divorcing her in an attempt to save his service in the CRPF.
The court said CRPF authorities had earlier also issued a show cause notice to Khan asking him to explain as to why action may not be taken against him for the misconduct during service period by not getting prior permission for the second marriage.
The court said the petition does not hold any merit and the punishment imposed, therefore cannot be held disproportionate or one that would shock conscience of the court.
The Court further said violation of Rule therefore would be misconduct within meaning of the rules and empowers commandant of the battalion to award punishment of compulsory retirement to the person.
The court was informed by Additional Solicitor General of India (ASGI) Advocate Makroo that on receiving representation from Khans first wife, the commandant of his unit got matter investigated by Senior Superintendent of Police (SSP) Kupwara. Police confirmed Khans second marriage.He said after the allegations were prima facie substantiated, a show cause notice was issued to the petitioner.
Mr Makroo the petitioner was not only made aware of allegations levelled against him in representation but the commandant decided to give him an opportunity to put forth his stand against allegations levelled in representation.
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