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A division bench comprising of Justice Hemant Kumar Srivastava and Justice Prabhat Kumar Singh rejected an appeal for the solemnization of a second marriage even when the first marriage was prevailing.
In the present case, the appellant married a second wife during the lifetime of the first wife and produced forged documents in a departmental proceeding. He then challenged his dismissal from service after the departmental enquiry. Later the challenge itself and further revision appeal had been denied by a Single Bench. The counsel for the appellant submitted that the solemnization of the second marriage was done with the explicit consent by the first wife. The Disciplinary Authority and the Single Judge Bench did not take this fact into their consideration.
To this submission, the respondent claimed that the aforementioned authorities had already taken all these arguments into consideration. Moreover the man was also charged of forging the documents before submitting them.
The HC in this matter believed that the Single Bench had paid attention to every minute facet of this case before passing the judgement in question. The HC believed that even if the consent of the first wife was obtained in this regard, the appellant still had not legal capability to marry another wife in the lifetime of the first wife. The appellant also failed to point which aspect of his natural justice had been violated by the said impugned order. With these aforementioned observations, the HC dismissed the letters patent appeal.
Binod Kumar Singh v. Union of India, Letters Patent Appeal No. 1707 of 2017
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