Job dismissal
5 years ago
If a married central government male employee lives with an unmarried woman without divorcing his wife, will it cause him to dismiss or suspend from his government job?
ROBERT D ROZARIO
Responded 5 years ago
A.First there is no provision under the law, where a married husband cannot live with another woman other than his spouse. It is no offence under adultery. This right to bring a complaint u/s 497 IPC (adultery) is a privilege given only to the husband against the man who had consensual sexual intercouse with his wife without his consent.
Living with an unmarried woman does not amount to marriage under the law unless certain guideline of the Supreme Court is fulfilled. Such relationship becomes a live-in-relationship after living together for a certain number of years and society recognizes them as husband and wife. Which I suppose in your case has not happened.
If the husband does a second marriage under any marriage law without getting a divorce from the first wife then it attracts section 494 IPC (bigamy) and is punishable under the law. But in your case, I guess, there is no second marriage. You both are cohabiting and comforting with each other. That is no offence under the law, as long as the unmarried woman brings an allegation of false promise for marriage against you which would attract section 376/419 IPC.
Since there is no complaint made by the unmarried woman and no complain lies from the first wife, the depart has nothing to do with your private life. No one has any right to interfere in other privacy or personal life. Your employer can neither dismiss or suspend your from the government job on those grounds. If that happens, and if you had received any such arbitrary and illegal suspension or dismissal notice, you have a right to remedy by filing a Writ Petition before the Hon'ble High Court against your superior and government department and get back your job with salary dues and compensation. If you need any further assistance you can get my phone number from Vidhikarya.
Living with an unmarried woman does not amount to marriage under the law unless certain guideline of the Supreme Court is fulfilled. Such relationship becomes a live-in-relationship after living together for a certain number of years and society recognizes them as husband and wife. Which I suppose in your case has not happened.
If the husband does a second marriage under any marriage law without getting a divorce from the first wife then it attracts section 494 IPC (bigamy) and is punishable under the law. But in your case, I guess, there is no second marriage. You both are cohabiting and comforting with each other. That is no offence under the law, as long as the unmarried woman brings an allegation of false promise for marriage against you which would attract section 376/419 IPC.
Since there is no complaint made by the unmarried woman and no complain lies from the first wife, the depart has nothing to do with your private life. No one has any right to interfere in other privacy or personal life. Your employer can neither dismiss or suspend your from the government job on those grounds. If that happens, and if you had received any such arbitrary and illegal suspension or dismissal notice, you have a right to remedy by filing a Writ Petition before the Hon'ble High Court against your superior and government department and get back your job with salary dues and compensation. If you need any further assistance you can get my phone number from Vidhikarya.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.It might be caused to dismissal from service or department give admonition letter. If wife file complaint of adultery then it will be great loss of family and service.t
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GANESH SHARMA
Responded 5 years ago
A.No. It is very tough to prove the illicit relationship. He may say she is his god sister. Or may take some other excuse. Moreover only wife of the person can file case under adultery as ground. Bit strong evidence must be on record.
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Nirmal Chopra
Responded 5 years ago
A.Yes disciplinary action can be initiated on the basis of immoral conduct. Penalty can be anything between warning to dismissal from service.
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Anonymous
Replied 5 years ago
Can a married man and an unmarried woman liv together under living together right in india?
Nirmal Chopra
Replied 5 years ago
No it is an offence
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