Adultery Divorce


Adultery is the act of indulging in any type of consensual physical relationship with a person other than the spouse. An adulterous relationship is established between two individuals who are not married to each other. Since this correlation is voluntary, it can also be termed as an extra marital affair or infidelity towards oneís partner. While the legal definition of adultery may vary from country to country but it is considered as a crime and a punishable offence by almost all religions. It is also regarded as one of the major reasons for divorce by almost all jurisdictions.

Adultery has a reasonably recognized meaning in the marital laws and is considered a valid ground for applying for divorce if either partner breaches the marital vows and commits an act of infidelity. Marriage is a highly regarded institution and is both a sacrament and a civil contract & infidelity in marriage is definitely a sin. Adultery is considered as an offence against marriage by both the Penal law and the Matrimonial law in India and anyone committing an adulterous act can be punished under law.

Adultery is counted as a criminal offence and has been placed under chapter XX that deals with offences relating to marriage. While filing for a divorce on grounds of adultery, substantial evidences are required to establish it. The grieved party needs to gather significant proofs in support of his/her case to prove infidelity by his/her spouse. This can be done with the help of a detective agency which may gather information and photographs which may help the grieved party to prove his/her spouseís adulterous act. The evidences must be significant and related to places and dates where the adulterous party and co-respondent may have met in isolation.

Usually, there are no direct evidences against adultery and it has to be proven with the help of circumstantial proofs such as photographs of the spouse with a third person at secluded place where they may get intimate or at places like hotels where they may get an opportunity for physical relationship. Since, it is difficult to have an eyewitness to prove an illicit relationship; it can be proved indirectly by showing evidences such as hotel bills or travel records. Also, their public display of affection or their letters, SMSís etc. can be also be used as evidence against the offending party. In India, divorce can be easily granted on the basis of adultery once it has been proved in the court.

Before applying for divorce against adultery, the partner must think of its consequences and life thereafter. Life becomes more difficult even after obtaining divorce. In India, divorce still carries a social stigma and if the person concerned is a woman, it becomes all the more difficult for her to support herself financially. If the separating couple has kids, they are the ones who suffer the most. Itís better to confront your spouse as soon as you become aware of their illicit affair rather than immediately dragging him/her to court. If itís the first time, it is advisable to forgive the very first act of depraved conduct and give a chance to save your marriage. Especially, if your spouse is ready to admit the mistake and promises to never repeat it again, then you must reconsider all prospects to give a second lease of life to your marriage.

Adultery is one of the major reasons for applying for divorce and one can easily obtain divorce on the grounds of infidelity.