Extra marital affair
Priyanka Arora
(Querist) 13 July 2018
This query is : Resolved
Can bar council cancel the licence of a lawyer over extra marital affair
K Rajasekharan
(Expert) 13 July 2018
No.
An extra marital affair is not a crime per se and no action can be taken against the person on account of such an action, under the law.
Priyanka Arora
(Querist) 13 July 2018
In laws are threatening that they will complain against the said person in bar council and supreme court to cancel the licence over having extra marital affair.
Vijay Raj Mahajan
(Expert) 14 July 2018
Bar Council of India nor the Supreme Court of India has any power to cancel enrollment of an advocate on the ground of extra-marital relationship. The cancellation of enrollment only possible if convicted for offence or the advocate indulge in professional misconduct and found guilty after complete inquiries conducted on such complaint of professional misconduct.
Indulging in extra-marital relationship is wrong towards the spouse not the society in general, the spouse is free to take action against such person.
Dr J C Vashista
(Expert) 14 July 2018
1. You have posted your photograph or you are someone else but I could make out that you are not "Priyanka Arora" as mentioned in the column "author"?
2. How you are concerned with this question paper?
Kumar Doab
(Expert) 15 July 2018
You may pick up cues from;
Supreme Court of India
K.V. Prakash Babu vs State Of Karnataka on 22 November, 2016
Bench: Dipak Misra, Amitava Roy
19. Having said that we intend to make it clear that if the husband gets involved in an extra-marital affair that may not in all circumstances invite conviction under Section 306 of the IPC but definitely that can be a ground for divorce or other reliefs in a matrimonial dispute under other enactments. And we so clarify.
https://indiankanoon.org/doc/33506004/
Kumar Doab
(Expert) 15 July 2018
Also go thru;
and go thru;
Procedure for complaints against advocates
http://www.barcouncilofindia.org/about/professional-standards/procedure-for-complaints-against-advocates/
The reason posted by you does not seem to be a ground as in your query.
Kumar Doab
(Expert) 15 July 2018
And
https://indianexpress.com/article/cities/chandigarh/bar-council-cancels-advocates-licence-he-alleges-bias-by-bar-body-chairman/
https://www.news18.com/news/india/bci-says-will-cancel-licences-if-lawyers-are-guilty-of-blocking-police-from-filing-chargesheet-in-kathua-case-1718921.html
https://www.hindustantimes.com/punjab/forgery-case-cbi-asks-bar-to-cancel-hc-lawyer-s-licence/story-20wB8uTNs9F9zK6tftYObL.html
https://timesofindia.indiatimes.com/india/In-extraordinary-move-Bar-Council-revokes-licence-of-15-lawyers/articleshow/49097329.cms
Still for your satisfaction you may discuss in person with BCI office bearers nearest to you, and understand in relation to your query.
