Is Adultery a Ground for Divorce in India? Legal Position
Adultery seriously affects the foundation of marriage by breaking trust and emotional bonding between spouses. Although adultery is no longer a criminal offence in India, it continues to have important consequences under family law.
Many people are confused about whether adultery can still be used as a ground for divorce after decriminalization. This article explains the present legal position in a simple and practical manner.
📚 Introduction
Marriage is based on mutual trust, loyalty, and respect. Adultery destroys these essential elements and often leads to marital disputes.
Indian family laws recognize adultery as a serious matrimonial offence and provide legal remedies to the aggrieved spouse.
This topic is frequently asked in judicial service examinations under family law.
⚖️ Meaning of Adultery in Matrimonial Law
Under matrimonial law, adultery refers to voluntary sexual relations of a married person with someone other than his or her spouse.
It is treated as a breach of marital obligations and can form the basis of divorce proceedings.
📜 Adultery Under Hindu Marriage Act, 1955
Section 13(1)(i) of the Hindu Marriage Act provides adultery as a ground for divorce.
If one spouse has voluntary sexual intercourse with any person other than his or her spouse, the other spouse can seek divorce.
Essential Requirements
- The marriage must be legally valid.
- Adultery must have been committed after marriage.
- It must be voluntary and consensual.
- It must be proved before the court.
📜 Adultery Under Special Marriage Act, 1954
Section 27(1)(a) of the Special Marriage Act also recognizes adultery as a ground for divorce.
Either spouse can approach the court if the other spouse has committed adultery.
📜 Position Under Other Personal Laws
Under Christian and Parsi personal laws, adultery is also recognized as a ground for divorce.
Muslim personal law treats adultery as marital misconduct and allows remedies under relevant provisions.
⚖️ Effect of Decriminalization on Divorce
The decriminalization of adultery in 2018 removed criminal punishment but did not affect civil remedies.
Adultery continues to remain a valid ground for divorce under all personal laws.
Courts have clarified that criminal law and matrimonial law operate independently.
📑 Proof of Adultery in Court
Direct evidence of adultery is rarely available. Therefore, courts rely mainly on circumstantial evidence.
Common Forms of Evidence
- Hotel records and travel documents
- Messages, emails, and call records
- Photographs and videos
- Witness testimony
- Social media conversations
The standard of proof is based on preponderance of probabilities, not strict criminal proof.
⚖️ False Allegations of Adultery
Making false allegations of adultery is considered mental cruelty.
It can itself become a ground for divorce in favour of the accused spouse.
Courts strongly discourage misuse of adultery allegations.
💼 Impact on Maintenance and Alimony
Adultery may influence the amount of maintenance and alimony awarded by courts.
However, it does not automatically disqualify a spouse from receiving financial support.
Each case is decided on its own facts and circumstances.
📝 Importance for Judiciary Exams
Questions on adultery and divorce frequently appear in prelims and mains examinations.
Aspirants must remember the statutory provisions, proof requirements, and judicial approach.
📌 Conclusion
Even after decriminalization, adultery continues to be a strong and valid ground for divorce in India.
Indian courts recognize its serious impact on marriage and provide appropriate legal remedies to affected spouses.
📘 Stay Ahead with Delhi Law Academy!
Get access to free monthly current affairs, read our insightful blogs,
and explore free study resources prepared by experts at DLA Jaipur. 🚀
❓ Frequently Asked Questions (FAQs)
1️⃣ Is adultery still a ground for divorce in India? ⚖️
Yes, adultery remains a valid ground for divorce under all major personal laws.
2️⃣ Does decriminalization affect divorce cases? 📜
No, decriminalization removed criminal punishment but did not affect matrimonial remedies.
3️⃣ What proof is required to prove adultery? 📑
Circumstantial evidence such as messages, photos, and hotel records may be used.
4️⃣ Can false allegations of adultery harm the case? 🚫
Yes, false allegations amount to mental cruelty and may lead to divorce against the accuser.
5️⃣ Does adultery affect maintenance? 💼
It may influence the court’s decision, but it does not automatically bar maintenance.
6️⃣ Can divorce be granted without strong proof? ⚖️
Courts require reasonable evidence based on probabilities before granting divorce.