Rules, 1964 restrains any government servant
having a living spouse from entering into or
contracting a marriage with any person. A similar
provision is to be found in several service rules
framed by the States governing the conduct of
their civil servants. No decided case of this Court
has been brought to our notice wherein the
constitutional validity of such provisions may have
been put in issue on the ground of violating the
freedom of religion under Article 25 or the freedom
of personal life and liberty under Article 21. Such a
challenge was never laid before this Court
apparently because of its futility.
60.. ……….It may be permissible for Muslims to
enter into four marriages with four women and for
anyone whether a Muslim or belonging to any other
community or religion to procreate as many
children as he likes but no religion in India dictates
or mandates as an obligation to enter into bigamy
or polygamy or to have children more than one.
What is permitted or not prohibited by a religion
does not become a religious practice or a positive
tenet of a religion. A practice does not acquire the
sanction of religion simply because it is permitted.
Assuming the practice of having more wives than
one or procreating more children than one is a
practice followed by any community or group of
people, the same can be regulated or prohibited by
legislation in the interest of public order, morality
and health or by any law providing for social
welfare and reform which the impugned legislation
clearly does.”
In view of the above, we are unable to hold that the Conduct
Rule in any manner violates Article 25 of the Constitution.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1662 OF 2015
(ARISING OUT OF SLP (C) NO.5097 OF 2012)
KHURSHEED AHMAD KHAN
V
STATE OF U.P. & ORS.
Citation;(2015) 8 SCC439
