Live in relationship of government servent
Querist :
Anonymous
(Querist) 12 October 2022
This query is : Resolved
During pendency of divorce proceedings I have live in relationship with another
women. I want to enjoy my natural sexual life. My first wife write a letter to my head of office regarding my live in relationship.
Based of such letter a board of enquiry is started against me.
As per CCS conduct rule bigamy is prohibited for government Servent.
Is it illegal to enjoy live in relationship for a government Servent, when 1st wife refused to come back ?
kavksatyanarayana
(Expert) 12 October 2022
Yes. Without divorce you are in live-in-relationship hence it will come under bigamy.
Advocate Bhartesh goyal
(Expert) 12 October 2022
Yes a married man can't enjoy live in relationship without getting divorce from her wife.
Dr J C Vashista
(Expert) 13 October 2022
Live-in relation is not a crime, hence it will not have any affect on service rules on the subject. Supreme Court of India has allowed live-in relationships, covered within the ambit of law specified, in a couple of cases.
However Rule 19 of THE ALL INDIA SERVICES (CONDUCT) RULES, 1968 restrict it, which provides:
19. Restriction regarding marriage.—
19 (1) No member of the Service shall enter into, or contract a marriage with a
person having a spouse living; and
19 (2) no member of the Service having a spouse living, shall enter into, or
contract, a marriage with any person:
Provided that the Government may permit a member of the Service to enter into or
contract, any such marriage as is referred to in clause (1) or clause (2) if it is satisfied
that—
(a) Such marriage is permissible under the personal law applicable to
such member of the Service and the other party to the marriage and
(b) there are other grounds for so doing.
19 (3) A member of the Service who has married or marries a person other than
of Indian Nationality shall forthwith intimate the fact to the Government.
Sourav Das
(Expert) 13 October 2022
You did not marry twice, so this is not bigamy.
Supreme Court already legalized live in relationship. Do not worry.
R.K Nanda
(Expert) 15 October 2022
live-in RSP is though not illegal but it is cancer of indian society spreading like jungle fire and have torn the moral structure of society..do not take my view otherwise. in your case it is not bigamy and thus it will not affect your job.
Sudhir Kumar, Advocate
(Expert) 04 December 2022
MArriage before divorce is clear misconduct by Govt servant.
However live-in (even if legal in society) amounts to lack of sound moral social life and it can be termed as conduct unbecoming of govt servant even in case of unmarried / divorced govt employee
