Live-in-relationship is permissible only in unmarried major persons of heterogeneous sex. In case, one of the said persons is married, man may be guilty of offence of adultery and it would amount to an offence under Section 497 IPC."
Learned
counsel for the petitioner has placed reliance on the case of Bharatha Matha and Anr. vs. R Vijaya Renganathan and Ors. reported in AIR 2010 SC 2685, wherein in para:22, the Apex Court explaining the earlier decisions of the Apex Court in case of S. Khushboo v. Kanniammal & Anr.reported in JT 2010 (4) SC 478 has held as under:
"22.
In S.Khushboo v. Kanniammal & Anr. JT 2010 (4) SC 478 : (2010 AIR SCW 2770), this Court, placing reliance upon its earlier decision in Lata Singh V. State of U.P. & Anr. AIR 2006 SC 2522 : (2006 AIR SCW 3499), held that live-in-relationship is permissible only in unmarried major persons of heterogeneous sex. In case, one of the said persons is married, man may be guilty of offence of adultery and it would amount to an offence under Section 497 IPC."
In view of this decision, since the present respondent was married and while he was living with unmarried woman, it cannot be held to be live-in-relationship, hence, RULE.
Until
further orders of the Court, the order dated 10.02.2011 passed by the Central Administrative Tribunal Ahmedabad Bench, Ahmedabad in Execution Application No.29 of 2008 in Original Application No.113 of 2004 and Misc. Application No.302 of 2008, shall remain stayed.
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Gujarat High Court
Anita vs Union on 14 July, 2011
counsel for the petitioner has placed reliance on the case of Bharatha Matha and Anr. vs. R Vijaya Renganathan and Ors. reported in AIR 2010 SC 2685, wherein in para:22, the Apex Court explaining the earlier decisions of the Apex Court in case of S. Khushboo v. Kanniammal & Anr.reported in JT 2010 (4) SC 478 has held as under:
"22.
In S.Khushboo v. Kanniammal & Anr. JT 2010 (4) SC 478 : (2010 AIR SCW 2770), this Court, placing reliance upon its earlier decision in Lata Singh V. State of U.P. & Anr. AIR 2006 SC 2522 : (2006 AIR SCW 3499), held that live-in-relationship is permissible only in unmarried major persons of heterogeneous sex. In case, one of the said persons is married, man may be guilty of offence of adultery and it would amount to an offence under Section 497 IPC."
In view of this decision, since the present respondent was married and while he was living with unmarried woman, it cannot be held to be live-in-relationship, hence, RULE.
Until
further orders of the Court, the order dated 10.02.2011 passed by the Central Administrative Tribunal Ahmedabad Bench, Ahmedabad in Execution Application No.29 of 2008 in Original Application No.113 of 2004 and Misc. Application No.302 of 2008, shall remain stayed.
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