Mamta Pravin Bhalavi v. Superintendent Engineer, Gosikhurd Lift Irrigation Division, Bhandara And Another

905-WP-2647-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 2647 of 2024 Sau. Mamta Pravin Bhalavi vs.

Superintendent Engineer, Gosikhurd Lift Irrigation Division, Bhandara and anr. --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr K.R.Bhise, Advocate for petitioner.

CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 21st AUGUST, 2024 Heard.

2.

By inviting attention of this Court to sub-rule (2) of Rule 26 of the Maharashtra Civil Services (Conduct)Rules, 1979 which is extracted below, it is claimed that the respondent-husband who was married to the petitioner has contracted another marriage as could be inferred from the Statement of Sarpanch of the Village-Borgaon Raje, Tq. Lakhni, District Bhandara, where the respondent husband is residing.

26. Contracting of marriages

(1) ...

(2) No Government servant, having a spouse living, shall enter into, or contract, a marriage with any person. 3.

In such an eventuality, it is claimed that the respondent-husband made himself liable for action under the provisions of Maharashtra Civil Services (Conduct) Rules.

4.

Issue notice to the respondents, returnable on 18.09.2024. 5.

Ms N. P. Mehta, learned Additional Government Pleader waives service of notice for the respondent nos. 1 and 2. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 21/08/2024 17:54:35 Andurkar.