Adultery as a Ground for Divorce under the Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955 lays down several grounds for divorce under Section13, one of the most significant being adultery. Adultery is considered a serious breach of trust in a marital relationship, as it involves one spouse engaging in voluntary sexual relations with someone outside the marriage. In this article, we will explore how adultery is defined under Indian law, how it is proven in court, and its legal consequences for divorce proceedings.

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What is Adultery?

In simple terms, adultery means a married person engaging in voluntary sexual intercourse with a person other than their spouse. It is seen as a violation of the marital bond and often leads to irreconcilable differences in the relationship.

Unlike cruelty or desertion, adultery is a more direct act of betrayal, making it a strong ground for divorce under Section 13(1)(i) of the Hindu Marriage Act.

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Legal Definition under the Hindu Marriage Act

Section 13(1)(i) states that either spouse may present a petition for divorce if the other has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse.

Key elements:

• The act must be voluntary (consensual).
• It must involve sexual intercourse (not just emotional involvement or friendship).
• It must take place after marriage.

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Burden of Proof in Adultery Cases

One of the biggest challenges in adultery cases is proving the allegation. Unlike cruelty, which can be shown through witness statements or patterns of behavior, adultery requires concrete proof. Courts generally look for circumstantial evidence, since direct evidence is rare.

Evidence may include:

• Hotel bookings, phone records, or messages showing a romantic/sexual relationship.
• Witness testimony from people who have observed the relationship.
• Photographs, videos, or letters indicating an affair.
• Confession or admission by the spouse.

The law does not require proof “beyond a reasonable doubt” like in criminal cases, but the petitioner must establish a strong presumption of adultery.

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Adultery and Indian Judiciary

Indian courts have consistently treated adultery as a serious ground for divorce. Some landmark cases include:

• Shakuntala Sawhney v. K.K. Sawhney (1980): The court held that adultery, once proven, is sufficient to grant divorce, as it indicates a complete breakdown of trust.
• Subbarama Reddiar v. Saraswathi Ammal (1969): The court ruled that circumstantial evidence, if strong and convincing, is enough to prove adultery.
• Revathi v. Union of India (1988): Though related to the criminal aspect, this case highlighted that adultery primarily damages the marital relationship and should be addressed within matrimonial laws.

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Impact of Adultery on Divorce Proceedings

1. Grounds for Divorce
• If adultery is proven, the court can grant a decree of divorce.
2. Alimony/Maintenance
• A spouse guilty of adultery may face reduced rights to alimony or maintenance, depending on the case.
3. Child Custody
• Adultery does not automatically disqualify a parent from custody, but it may influence the court’s decision if it affects the child’s welfare.

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Adultery vs. Decriminalization

In Joseph Shine v. Union of India (2018), the Supreme Court struck down Section 497 of the Indian Penal Code, which previously made adultery a criminal offense. The court held that adultery should not be treated as a crime but can remain a valid civil ground for divorce.

This means that while no one can be sent to jail for adultery, a spouse can still seek divorce on this ground under the Hindu Marriage Act.

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Key Points to Remember

• Adultery is defined as voluntary sexual intercourse outside marriage.
• It remains a civil wrong and valid ground for divorce, though it is no longer a criminal offense.
• Proof can be circumstantial, but it must be strong and convincing.
• Courts consider adultery a serious violation of marital trust.

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Conclusion

Adultery continues to be a significant ground for divorce under the Hindu Marriage Act, 1955, despite being decriminalized. It represents a complete breach of marital fidelity and often makes reconciliation impossible. If you suspect or have evidence of adultery, consulting a family lawyer is the best way to understand your rights, collect evidence, and proceed legally.