• Is "Live-in relationship" word sexual in nature

Respected Sir, 
I am working in a PSU and came in close contact with one unmarried girl in year-2013 (She is a colleague of mine). However nothing sexual happened between us and I have never ever touched her. I got married in year-2014 and she is still single. In June-2016, as she was worried about her marriage and was very depressed, I just proposed (messaged) her for a "live-in relationship". Her family came to know about this accidentally and things between us ruined. Now (in July-2019) she has filed a departmental sexual harassment case against me based on that single message of mine. In her complaint, she attached some of mine other messages also which are not having any kind of sexual content. Two main questions for which I want advice are: 
1) Is "Live-in relationship" word is "sexual in nature"?
2) Is it illegal in India for a married man to have a "live-in relationship" with an unmarried woman?
Please help as my job is under threat.

Regards,
vijay
Asked 6 years ago in Civil Law

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14 Answers

Hi

1. No Live In Relation doesn't means that it is sexual 

2. No its not illegal for a married man to be in live in.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1) Depends as to under what circumstances the same has been said by you. Malafide intention will have to be seen under the circumstances. 

2)  In India, presently there is no law defining the maxims of a live-in relationship and as such the legality and illegality of the same can not be determined at this stage. 

 

Regards s

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Live in relationship cannot be interpreted as sexual in nature directly though it may involve sex also there is no legal definition and criteria of live in relationship.

2. No it is not illegal as per the law. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Well, I wonder why after marriage you sent such marriage to this lady and once you did that the case of sexual harassment is quite natural.

2. However if you could establish your past relationship with her then the allegation of sexual harassment may fail.

3. During inquiry do seek apology so no punitive action can be taken against you.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Well, you were already married when you proposed a live in relationship. Tgat itself shows your intentions. Why would any married person propose something like this.

It is not illegal. But she is a girl and she may stated many things based upon even a small conversation. She must have said that you pressurised her into this live in relationship.

A complaint to the internal complaint committee.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature in the workplace or learning environment.

it is illegal to harass a woman by making offensive comments about women in general. The victim and perpetrator can be a male or a female. The law in India, however, recognizes and penalizes sexual harassment only against women. Sexual harassment does not always have to be specifically about sexual behavior or directed at a specific person. It can be a general comment that is ‘unwelcome’. 

Sexual harassment can occur when one person has power over another and uses it to coerce the person to accept unwanted sexual attention. It can also occur among peers-for example, if coworkers repeatedly tell sexual jokes, post pornographic photos, or make unwelcome sexual innuendos to another co-worker. Therefore, verbal harassment of a sexual nature and in pursuance of sexual favours can also come within the ambit of the term sexual harassment.

If the woman is offended by your advancement then she can make a complaint against you under the provision of this law.

 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

 

 

1)The Supreme court order said that a live-in relationship is not a crime or a sin but expressed its concern over the absence of any provisions in the law covering such a bond in the event of its breaking as it's technically not a marriage

 

2) if married man has live in relationship with unmarried girl it amounts to adultery and wife can file for divorce on said ground 

Ajay Sethi
Advocate, Mumbai
99874 Answers
8149 Consultations

1. Yes, asking a woman to live-in relationship contains asking for the sexual favour,

2. don't go through the legal aspect rather try to settle the matter amicably with her at any cost,

3. Not illegal if the woman has no objection but if she has an objection it comes under the purview of sexual harassment/rape,  

 

Suneel Moudgil
Advocate, Panipat
2388 Answers
6 Consultations

Dear Sir,

Though it is existing in our society, the live-in relationship is not seen with the respect in comparison to married relationship. In such a relationship, two adult members of society live like a family without marriage. There are laws already existing for protection of rights of concerned individuals. In your case, it seems that she has understood your offer in other way because you are already married and cannot live a life with her. Since, there are other messages like this, the best course of action is to prepare your strong defence and contest the allegations on the ground that your intentions were not wrong, rather it were related to her care and well being. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1) No it does not directly relate to sexual relationship.

2) Appex court stated that  live-in relation is not a crime, but if the relationship fails then it is difficult to establish the same if it goes into litigation mode, as  both parties are not married.

3) A married man cannot have Live-in relationship with a unmarries lady, it amounts to adultery. 

4) if your wife comes to know about the same, it leads to litigation viz., Divorce, DVC, 498-a, maintenance cases etc.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No

NO

This incident and that also old enough dose not amount to sexual advance but lecherous intent since you were married. And offering the same to fellow employee is moral turpitude.

Well, submit your defense that you were in friendship so it was just a prank.  

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

1. Live in relationship phrase is not sexual in nature but purpose of live in relationship is physical relationship without commitment of marriage.

2. Yes it is illegal for a married man to have live in relationship with another woman. 

3. Tell HR that messages shown by her was not sent by you and that girl have not disclosed complete chat between you both which will disclose that messages was not sent by you. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Live in relationship are absolutely legal in India.

It is not illegal for married or unmarried person.

Mohammed Mujeeb
Advocate, Hyderabad
19342 Answers
32 Consultations

1. No

2. It's not crime but can be a ground for divorce in family court for adultery

Prashant Nayak
Advocate, Mumbai
34587 Answers
249 Consultations

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