Legal Advice

Terminated from service on the ground of bigamy

Question: Enlisted in the Indian Army in 2001, I married in 2006. While on duty in Arunachal Pradesh, my wife engaged in an extramarital relationship with a civilian, prompting me to send a legal notice for divorce. We divorced in 2013 after she initially filed a divorce and maintenance case in 2010, which we later resolved through mutual consent. In the same year, she also accused me of bigamy, leading to termination from the Army. Seeking guidance on the appropriate course of action in this matter.

Advise

You have omitted some vital facts. However, based on the facts and circumstances of your case, the termination order appears legal, and there is no impediment. In 2010, your wife filed a complaint and simultaneously initiated a divorce case on the grounds of bigamy.

It is important to note that marriage does not dissolve by giving a legal notice; a decree from a competent court is mandatory for the dissolution of marriage. Although you divorced in 2013, the offense of bigamy occurred when you solemnized another marriage after sending a legal notice and during the subsistence of the first marriage.

Therefore, you are not entitled to reinstatement because the termination order passed by the competent authority is legally valid and has no defects. If you file an original application in the Armed Forces Tribunal, it will likely dismiss your case.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Armed Forces Tribunal | Service & Labour

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