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Divorce Due To Extra Marital Affairs In India

Best Divorce Lawyers Delhi > Blog > Divorce > Divorce Due To Extra Marital Affairs In India

Relationships are often ripped apart by extra marital affairs that bring emotional pain, mistrust, and even legal problems. Society hates infidelity, but as far as legalities are concerned, it can be very difficult, so this article tries to find out whether adultery is legal or not in India and, if present under Indian law, what the grounds and is adultery a crime in India and extra marital affairs law.

Are Extra Marital Affairs Illegal In India?

Is extra marital affair legal in India? This is one of the most controversial issues surrounding such affairs. To answer this question correctly, one needs to differentiate between morality and legality; historically, adultery was criminalized under the Indian Penal Code, section 497, which is why adultery was criminal, but the Supreme Court, in its landmark decision on the Joseph Shine case in 2018, decriminalized adultery in the grounds it criminalizes the individual’s rights.

Although it is no longer a crime to commit adultery, it is still a lawful cause to divorce. The court said morality is not synonymous with criminal penalties, and it agreed that extra marital affairs may still have resonances when it comes to things like divorce proceedings.

Adultery As Ground Of Divorce In India

The reason that is leading to the marital disputes and divorce proceedings in India, just like the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, etc., which recognize adultery as the ground for divorce, especially adultery seems to be accepted as one of the main reasons of the divorce.

Now, when we talk about extra marital affairs, it’s important to understand that they are essentially the same as adultery in legal terms. An extra marital affair, by definition, is when one partner has a sexual relationship outside of the marriage, which falls under adultery in divorce cases. These laws allow such evidence to be used as grounds for divorce. Adultery may also be presented in court to show that the unfaithful spouse caused mental anguish or cruelty to the other, making it a valid reason for the divorce.

Courts, however, are challenging to prove adultery because they, too, require enough evidence to pass such claims. But it’s also like witness testimony or photographs and electronic communication such as messages or emails, all used to build out what happened.

What Happens To The Adulterers In The Indian Culture?

Historically, Section 497 IPC, which punished men involved with unauthorized relationships between married women without such consent from their husbands or their wives, led to punishment. However, this section was criticized for its gender bias and its datedness of it.

In 2018, Joseph Shine’s judgment of 2018 made Section 497 unconstitutional and made adultery decriminalized. While adultery no longer carries criminal charges, it still plays havoc in the private court of divorce, alimony, and child custody.

Consequentially, what is the punishment for adultery in India does not have criminal sarcasm on the ball; rather, they dispense with the punishment on the ball rather than irrebuttable police remedies like divorce and compensation claims.

Extra Marital Affair Rules Of The Supreme Court

Joseph Shine’s judgment by the Supreme Court marked a critical turning point in extra marital affairs law in India. Among them are key highlights such as:

  • Decriminalization of adultery: Adultery was stricken down as it is unconstitutional because it violates the equality of all and personal liberties.
  • Recognition of Marital Privacy: The court stressed that states cannot interfere in consensual relationships between consenting adults, including sexual consensual relationships between adults who do not plan to marry each other.

However, this judgment did not change adultery as a ground for divorce proceedings or as a factor that would help to make decisions about spousal support or child custody arrangements.

The Effect Of Extra Marital Affairs On The Proceedings Of Divorce

Divorce in India can take an extra marital affair by storm. Adultery is considered an act against the trust of the couple, and that’s the reason why this is one of the criteria courts use in cases of extramarital affairs law in India rather than in cases of marital dissolution.

  • Child Custody: Although adultery will not bar a parent from custody of his or her child, it may be part of a court’s consideration of what would be in his or her best interest.
  • Alimony and Maintenance: Depending on how the court would interpret the situation, spouses who commit adultery could lose the claims to get alimony payments or that alimony is reduced.

Essentially, adultery law in India does not affect the courts’ decisions regarding property division, but it can impact whether the courts rule differently in some cases.

What To Do If Your Spouse Commits Adultery?

Discovering an extra marital affair can be devastating; taking the necessary steps is key:

  • Gather Evidence: Gather whatever proof you might have, such as text messages, emails, and witness accounts, to help with legal proceedings against an affair. Being held legally accountable requires having evidence.
  • Consult an Attorney: Seeing a lawyer can clarify your legal rights and options and may help you decide which option (reconciliation, counseling, divorce) would best serve you.
  • Protect Your Rights: Before filing for divorce, first fine-tune all financial and legal issues that come with it, including alimony, child custody, and property division. This gives us a chance to make informed decisions and can become a source of our future success, both in case of betrayal and in case we want to receive legal recourse.

Earlier published literature has pointed out the advantages of both child rearing by the extramarital couple or that of incarcerated parents divorced from the extra-marital couple.

1. If Wife Admits Being Adultery, What Should Be Done?

Indian marriage laws allow a wife to file for divorce if she engages in extra marital relations outside her marriage by her husband on the basis of adultery.

2. If I Found Out My Husband Committed Adultery, What Would Happen?

If a husband is unfaithful, he may file for divorce on that ground, and any later custody and/or alimony considerations might also include his adultery.

3. Is Adultery Still Adultery In India?

While adultery may not be a criminal offense in India to prosecute, it is deemed acceptable in divorce proceedings.

4. Adultery Alone Can Cause Divorce?

There may be cases in Indian law that may allow adultery alone to be sufficient grounds for divorce on a proven basis in a court.

5. When Is The Filing Deadline For An Adultery Divorce?

The divorce for adultery doesn’t have an expiration date, but it always pays to act quickly to make your divorce stronger.

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