A.N.Dikshita, J. - (1.) The concept of reverence to women was the hall-mark of Hindu society reverberating with the ancient scriptural maxim and echoing with sermons that Gods reside where women are honoured. However, with the passage of time such honour to women stood mitigated and it further saw the losing of all sacrosanct regard to women who gradually succumbed to a dreadful ordeal of sharing the status of a wife with the other woman as co-wife. Nineeth century and his era saw the upsurge to uplift the downtrodden women who were unable to sustain the ignominies and a revolt was brewing in their fold for vindicating their status in the society. Reforms for their emancipation became the demand of the day. Gigantic efforts were made from all quarters to emancipate them and inviting them to share the life on equal level. Modern society frowned upon plural marriages resulting in the enactment of the laws prohibiting such performance of plural marriages and also for adequate punishment in one form or the other for those who venture to violate the sacred fibres of a Hindu marriage.
(2.) The petitioner who was a commissioned officer, may be on account of the urges, fell a prey to the dictates of sentimental emotions in the performance of another marriage during the lifetime of his wife and thus earned the punishment of removal from service. The instant petition has been filed for quashing the order of the Central Government dated 13-6-1977 (annexure V to the writ petition) whereby the petitioner has b een removed from service.
(3.) Precisely the facts are : The petitioner on being granted a Short Service Commission in the Indian Army was posted as a Second Lieutenant at Joshimath (Indo-Tibet Border) in U.P. in Infantry Battalion known as 5-Grenadiers. He was made an acting Captain in March 1972 while in August 1975 he was granted regular commission. During July 1972 the petitioner married Km. Manjushree and had three children from her. Sometime later on 25-11-1974 the petitioner married one Dr. Gargi who on coming to know about the first marriage of the petitioner complained to the authorities against such reprehensible conduct of the petitioner which was dreaded by the society and prohibited in law. A show cause notice dated 6-8-1976 emanated on account of this alleged sacrilegious marriage from the authorities calling upon the petitioner to submit a detailed explanation against the complaint made by this alleged second wife Dr. Mrs. Gargi which was accordingly done by the petitioner and the factum of marriage with Dr. Mrs. Gargi was denied, however, the petitioner vide another letter dated 8-10-1976 was called upon to submit explanation in view of the documents which established beyond doubt the performance of this marriage. Again the petitioner submitted an explanation. However, a show cause notice dated 16-12-1976 was sent by the Army authorities enclosing thereto copies of the complaint, a marriage certificate and twenty photographs of the ceremony besides other material in regard to the marriage of the petitioner with Dr. Mrs. Gargi and calling upon the petitioner to submit his explanation. The petitioner submitted a detailed explanation to the show cause notice again denying the performance of the marriage on various grounds. The explanation of the petitioner was considered by the respondents but finding it unsatisfactory vide order dated 13-6-1977 the petitioner was removed from service.;