DINESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THERE is no dispute that the petitioner was married to Ms. Sunita Devi. THERE is also no dispute that the marriage of the petitioner with Ms. Sunita Devi was dissolved by a decree of Court on 23rd June, 2000. Further there is no dispute that the petitioner married Ms. Sangita Devi. The only dispute is while the Army Authorities proceeded on the basis that said marriage was solemnized on 29.11.1998, i.e., when the marriage of the petitioner with Ms. Sunita Devi had not been dissolved by decree of Court, the petitioner is contending otherwise. This marriage of the petitioner with Ms. Sangita Devi has been treated by the Army Authorities as plural marriage of the petitioner and accordingly by an order passed on 27.1.04, the petitioner has been discharged from service. The petitioner contended that he married Ms. Sangita Devi subsequent to 23rd June, 2000, i.e., after obtaining the decree of divorce dissolving the marriage of the petitioner with Ms. Sunita Devi.

(2.) THE Army Authorities are contending that on 17th July. 2000 the petitioner himself while furnishing a declaration certificate as regard his marriage with Ms. Sangita Devi held out to the authorities concerned that the said marriage was solemnized on 29.11.1998 and accordingly, the petitioner is bound by his own declaration,