- (1.) The Petitioner is an employee of the Andaman Public Works Department (hereafter APWD) since 1984. Presently, he is holding the post of Assistant Engineer (Civil).
(2.) Marriage of the Petitioner was solemnized in the year 1989. Unfortunately, the Petitioner and his spouse were not blessed with any child. This resulted in they obtaining guardianship of an orphan male child during October, 2003. Today, their son is aged about 11 years.
(3.) The Petitioner is a Muslim; his personal law permits him to contract more than one marriage. He decided to marry a destitute and vagrant Muslim female with a view to provide her social status. The Petitioner being a Government servant, his service is governed by the Central Civil Service (Conduct) Rules, 1964 (hereafter the Rules). Rule 21 of the Rules provides restriction regarding marriage. In terms thereof, a Government servant may enter into or contract a second marriage if he is permitted to do so by the Government on fulfillment of two conditions, viz. (a) Such marriage is permissible under the personal law applicable to the Government servant and the other party to the marriage; and (b) There are other grounds for so doing.;