So, you’re here because something doesn’t feel right. You suspect your spouse is having an affair, and you’re wondering what your rights are. Is adultery still a crime in India? Can you get a divorce for it? And what about maintenance or child custody? Let’s unpack all of this—layer by layer—with the clarity and empathy you deserve.
Table of Contents
📌 The Big Shift: Adultery is No Longer a Crime
In 2018, the Supreme Court of India delivered a landmark verdict in Joseph Shine v. Union of India. It struck down Section 497 of the Indian Penal Code, decriminalizing adultery for good. The Court held that the law was unconstitutional—archaic, patriarchal, and discriminatory.
“The law treated women as property of their husbands. That is not acceptable.” — Supreme Court of India
🔗 [Read more about Joseph Shine Case]
But wait. Just because it’s no longer a criminal offence doesn’t mean cheating has no legal consequences. In fact, it’s still a civil issue—especially relevant in divorce, maintenance, and custody battles.
⚖️ Adultery as a Ground for Divorce
Here’s the reality: while you can’t send someone to jail for cheating anymore, you can file for divorce.
Under Hindu Marriage Act, 1955:
- Section 13(1)(i): Adultery is a valid ground.
Under Special Marriage Act, 1954:
- Section 27(1)(a): Same rule applies across interfaith or civil marriages.
However, proving adultery is not a walk in the park. You’ll need solid evidence.
🕵️♂️ You Need More Than Just Suspicions
Adultery, by nature, happens in secrecy. So, direct evidence like confessions or video recordings? Rare. That’s where circumstantial evidence comes in.
Examples:
- Hotel receipts
- Phone records
- Witness testimonies
- Private investigator reports
- Suspicious financial transactions
📸 [Placeholder: Infographic — Types of Evidence That Count]
🔎 Courts look for a pattern. Proximity. Repeated behavior. Not one-off moments.
📂 Civil Implications: What Changes?
1. Divorce
Once adultery is proven, courts generally favor divorce without the need to prove cruelty or desertion.
2. Maintenance & Alimony
Under:
- Section 24, Hindu Marriage Act (interim maintenance)
- Section 125(4), CrPC (maintenance for wife)
If a spouse is living in adultery, maintenance may be denied.
📝 Important:
- One-time affair ≠ denial
- Continuous relationship = stronger case
📊 [Placeholder: Chart — Maintenance Entitlement Comparison]
3. Custody Battles
The Guardians and Wards Act, 1890 guides custody.
Courts ask:
- Is the parent responsible?
- Is the child safe?
Adultery is not a Dis-qualifier —unless it clearly affects the child’s welfare.
to know more about Legal Provisions In case of Allotting child’s custody in such proceedings.
🧒 [Placeholder: Graphic — What Courts Consider in Custody Cases]
📚 Key Case Laws That Changed the Game
- Joseph Shine v. Union of India (2018)
- Decriminalized adultery
- Affirmed sexual autonomy & equality
- Naveen Kohli v. Neelu Kohli (2006)
- Emphasized adultery as a strong civil ground for divorce
- K. Srinivas Rao v. D.A. Deepa (2013)
- Mental cruelty linked to extramarital affair — divorce granted
- Yusuf Abdul Aziz v. State of Bombay (1954)
- Upheld Section 497 (later overturned by Joseph Shine)
🔍 [Placeholder: Carousel Visual — Key Case Timelines]
👨✈️ Exception: Armed Forces Still Enforce It
If your spouse is in the military, things work differently.
Under:
- Army Act, 1950
- Navy Act, 1957
- Air Force Act, 1950
Adultery can still invite disciplinary action—demotion, dismissal, even court-martial.
🚫 [Placeholder: Visual – Armed Forces Disciplinary Process]
🛠️ Practical Action Plan If You Suspect Adultery
- Stay Calm: Emotions are valid, but act smart.
- Document Everything: Chats, calls, photos—save them securely.
- Hire a Lawyer: Find one with family law expertise.
- Avoid Confrontation: It could backfire legally.
- Explore Counseling: Mediation can sometimes salvage relationships.
📋 [Placeholder: Step-by-Step Legal Checklist Visual]
🔄 Counterarguments & Changing Perspectives
The decriminalization of adultery raised eyebrows. Some feared it would erode the sanctity of marriage. Others saw it as liberation from colonial control and gender bias.
What’s true is this:
- Adultery is no longer about punishment.
- It’s about personal agency, equality, and choice.
You can’t file a criminal case against the third party anymore. But you can file for divorce.
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🧭 Final Thoughts: Where Does This Leave You?
In India today, adultery is not a crime, but it’s still a legal dealbreaker in marriage.
It can end marriages. Affect custody. Impact alimony. But it’s all in the civil realm, where privacy and dignity matter more than punishment.
You’re not alone in this. If you’re dealing with adultery, don’t just react—respond smartly. The law is on your side. Use it well.
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Kanoonpedia is committed to helping you understand the law, not just legally—but emotionally and practically. Because legal literacy should never feel like legalese.
End of Article — Stay Empowered, Stay Informed.
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[…] Marriage Act, 1955 (Section 13(1)(i)): Adultery can be taken as a concrete ground for divorce if the spouse engages into a voluntary sexual intercourse outside marriage. such cases are being […]