Legal Question in Workers Comp in India

My wife is working in CISF, me and her married on 11.09.2010, the registered marriage at Arya Samaj Mandir, Hyderabad. The next day I went to abroad and came back on 30.12.2011. We have decided to inform our department after getting arranged marriage with consent of parents, after some mishappenings in our life my wife informed the department on 24.11.2012. The department has alleged her that activity is gross indiscipline, misconduct, wilful and intention, fully negligence. A DE has conducted under Rule 36 (Major) and my wife attend and told them what type of critical circumstances she faced domestically, but the department is not favour however no any prescribed time for declaration of marriage has intiated in any rule, please answer as favour as earliest as possible please to [email protected]


Asked on 8/24/13, 5:21 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

25.08.2013

Dear Naga,

Technically speaking, since you are legally wedded on 11.09.2010, you or your wife (since you left the country for going abroad) ought to have got the Marriage Certificate from the concerned Municipal Office which is usually issued within a month from the date of marriage.

Your wife should inform the CISF Department that although you got your marriage completed on 11.09.2010, you both had not completed the process of giving the minimum one month's prescribed notice before getting married; so the marriage held on 11.09.2010 could not be considered absolutely valid on the pretext of non service of the one month's notice prior to the date of marriage.

I hope you and your wife are living happily together since your return back from abroad i.e since 30.12.2011. Now your wife should insist that due to personal compelling reasons and family pressure, she did not disclose about her marriage to the CISF Personnel Department. You are correct that there is no prescribed time limit for declaration of marriage. And although your wife has informed the Department on 24.11.2012, the date of her marriage to you will read as 11.09.2010. You should apply for and obtain the duplicate Marriage Certificate now from the Municipality, and submit it to the CISF Personnel Department for their information and record, with a polite request to overlook the mistake.

Regards,

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Answered on 8/25/13, 2:46 am


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