The New Delhi
Supreme Court has said that the child born from the second marriage (which is invalid) is valid and can not be denied the job on compassionate grounds (compassionate). Supreme Court Justice D.Y. Chandrachud and Justice MR Shah's Bench said that if the law considers the child to be valid, then it can not be allowed that such a child be deprived of employment on the basis of sympathy. Explain that, due to the first marriage, the second marriage in the Hindu Marriage Act is illegal.
The Supreme Court upheld the decision of the Bombay High Court in its decision. Supreme Court said Section 16 (1) of the Hindu Marriage Act is meant to protect such a child. Second marriage is considered illegal under Section 11, but the child born from such marriage is valid. No condition can violate the right to equality of the Constitution.
Supreme Court has said that the child born from the second marriage (which is invalid) is valid and can not be denied the job on compassionate grounds (compassionate). Supreme Court Justice D.Y. Chandrachud and Justice MR Shah's Bench said that if the law considers the child to be valid, then it can not be allowed that such a child be deprived of employment on the basis of sympathy. Explain that, due to the first marriage, the second marriage in the Hindu Marriage Act is illegal.
Central Government had challenged the Bombay High Court verdict in the Supreme Court. The central government made Mukesh Kumar (renamed name) a defendant. Mukesh's father used to work in the railway. Mukesh is the father of the father's second wife. After his father's death, Mukesh sought a job on compassionate grounds. Railway rejected the application, but the Central Administrative Tribunal ordered Mukesh in favor. The matter reached the Bombay High Court. High Court, in reference to Section 16 of the Hindu Marriage Act, said that the second marriage is invalid while having a first marriage, but the child born to it is valid. The High Court said that considering the application of the railways compassionate job, please consider. After this the matter was moved to the Supreme Court.
The Supreme Court upheld the verdict.
The Supreme Court upheld the verdict.
The Supreme Court upheld the decision of the Bombay High Court in its decision. Supreme Court said Section 16 (1) of the Hindu Marriage Act is meant to protect such a child. Second marriage is considered illegal under Section 11, but the child born from such marriage is valid. No condition can violate the right to equality of the Constitution.
If the law considers the child to be valid, then such a child can not be refused a job on compassionate grounds. The 1992 Circular of the Railway has also dismissed the High Court, in which the child born from another marriage was refused job. The Supreme Court said that in three months, take the authority decision. There is no merit in the petition of the central government.
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