Is your husband truly faithful, or do you find yourself doubting his loyalty? Discovering an affair can be devastating, but knowing the law can help you take charge of the situation. In India, adultery may no longer be a crime, yet it continues to be a valid ground for divorce under personal laws. But what exactly counts as adultery, and how can it be proven in court? This guide breaks it down simply,so you know where you stand if your husband is having an affair with insights from our expert, Shreya Sharma, Founder of Rest The Case.
Is Your Husband Having An Affair?Adultery as a Ground for Divorce
Under Section 13(1)(i) of the Hindu Marriage Act, 1955, adultery remains a recognised ground for divorce. If a husband engages in a sexual relationship with another woman after marriage, it constitutes adultery. The wife, in such circumstances, has the legal right to seek the dissolution of marriage. The essence of this law is rooted in the preservation of trust, fidelity, and the sanctity of the marital bond.
The 2018 Supreme Court Judgement
It is crucial to distinguish between adultery as a crime and adultery as a ground for divorce. In 2018, the Supreme Court of India struck down Section 497 of the Indian Penal Code, which previously criminalised adultery. The Court held that treating adultery as a criminal offence was outdated and discriminatory. However, this landmark decision did not erase its relevance within personal laws,adultery continues to be a valid ground for divorce.
Proving Adultery in Court
While the law acknowledges adultery as a reason to end a marriage, it is not sufficient to merely allege it.
Concrete proof is essential,this may include evidence such as messages, photographs, witness testimony, or other verifiable details that establish the affair. The legal system regards adultery as a profound breach of trust and considers proof vital to uphold fairness in proceedings.
Discovering an affair is shattering, but the law equips women with a dignified path forward. While criminal punishment for adultery no longer exists, its recognition as a ground for divorce underscores the seriousness with which marital fidelity is viewed. For women seeking freedom from betrayal, Indian law offers both clarity and recourse, as per our expert.
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