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Bykan Sujatha   25 August 2021

can a married man who is a sub inspector of police can stay in live in relationship with a divorced women

can a married man who is a sub inspector of police can stay in live in relationship with a divorced women and when that women got pregnant ..does his wife can file a case against him under which section of ipc..and does it affect his career??


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 3 Replies

Dr J C Vashista (Advocate)     26 August 2021

Repeated query at https://www.lawyersclubindia.com/forum/living-relationship-219624.asp.

Ananya Gosain   26 August 2021

Law does not prohibit a live-in relationship between a married man and an unmarried woman. The Supreme Court of India, for the first time in the case of S. Khushboo v. Kanniammal (2010) gave legal recognition to live-in relationships by categorizing them as “domestic relationships” protected under the Protection of Women from Domestic Violence Act, 2005. The Court held that a live-in relationship comes within the ambit of the right to life enshrined under Article 21 of the Constitution of India.

Indra Sarma v. V.K.V. Sarma (2013) categorized live-in relationships into two—domestic cohabitation between two unmarried individuals and domestic cohabitation between a married and unmarried individual or two married individuals. The Supreme Court has only recognized the former and not the latter. Moreover, if the marriage of the adult male is not disclosed to the girl then the girl has the liberty and right to file the criminal proceedings against him, even file a maintenance petition and if a child is born he can claim the maintenance and property equal to the child born from the legal wedding.

REAL SCENARIO 

  • The High Courts of Bombay, Allahabad, and Rajasthan have repeatedly refused to grant protection to such live-in couples, citing reasons that a live-in relationship between a married and an unmarried person is illegal.
  • The Punjab and Haryana High Court went a step further and referred to these relationships as unacceptable, claiming that they destroy the country’s ‘social fabric’.
  • In a recent judgment, the Allahabad High Court ruled that a married woman moving in with another man without divorcing her spouse cannot claim to be in a live-in relationship and seek legal sanctity later. The court held that their act was against the definition of a live-in relationship defined by law and the Supreme Court. It is not a live-in relationship, but an act of adultery by both, it ruled. However, adultery was held unconstitutional way back wiping it off from the criminal statute books. In view of this,  the aforementioned latter category of live-in relationships must be recognized, particularly from the perspective of the DV Act.

You may check out these articles for further understanding - https://www.lawyersclubindia.com/articles/live-in-relationship-between-married-man-and-unmarried-woman-legal-or-illegal-14122.asp

https://www.lawyersclubindia.com/articles/protection-of-women-from-domestic-violence-act-97.asp

Regards

Kevin Moses Paul   26 August 2021

A similar query related to live-in relationship was answered by me yesterday, where I've explained about the matter.
The link for that forum has been laid below click on it in order to attain more input about the same -
https://www.lawyersclubindia.com/forum/details.asp?mod_id=219624


Regards
Kevin M. Paul

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