Law4u - Made in India

Can adultery be a ground for divorce in India?

28-Dec-2023
Divorce

Answer By law4u team

Yes, adultery is recognized as a ground for divorce in India under certain personal laws. Different personal laws govern marriages within various communities in India, and the provisions regarding divorce, including grounds for divorce, vary accordingly. Here are some key points related to adultery as a ground for divorce: Hindu Marriage Act, 1955: Under the Hindu Marriage Act, adultery is recognized as a ground for divorce. Section 13(1)(i) of the Act allows either the husband or the wife to seek a divorce on the ground that the other party has committed adultery. Special Marriage Act, 1954: The Special Marriage Act, applicable to inter-faith marriages and marriages where either or both spouses are not Hindus, also recognizes adultery as a ground for divorce. Section 27 of the Act provides for divorce on the ground of adultery. Indian Divorce Act, 1869: The Indian Divorce Act applies to marriages among Christians. Adultery is recognized as a ground for divorce under Section 10(1)(b) of the Act. Parsi Marriage and Divorce Act, 1936: Adultery is a ground for divorce under the Parsi Marriage and Divorce Act. Section 32(d) of the Act allows either party to seek divorce on the ground of adultery. It's important to note that in order to establish adultery as a ground for divorce, the petitioner (the spouse seeking the divorce) needs to provide evidence to support the allegation. Mere suspicion or accusations without sufficient evidence may not be considered valid grounds for divorce. Additionally, some personal laws provide for a certain period of condonation or forgiveness, whereby if the innocent party continues to live with the adulterous spouse after becoming aware of the adultery, it may be considered as condoning the act, and the right to seek divorce on grounds of adultery may be lost. Before taking any legal action, individuals considering divorce on the grounds of adultery are advised to consult with a family law attorney to understand the specific legal provisions applicable to their situation and to ensure that the legal process is followed appropriately.

Divorce Verified Advocates

Get expert legal advice instantly.

Advocate D R Agrawal

Advocate D R Agrawal

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue, Supreme Court

Get Advice
Advocate Devansh Pandey

Advocate Devansh Pandey

Revenue, Supreme Court, Wills Trusts, Succession Certificate, Trademark & Copyright, Recovery, R.T.I, Property, Patent, Medical Negligence, Motor Accident, Muslim Law, Media and Entertainment, Landlord & Tenant, International Law, Labour & Service, Immigration, High Court, Family, Insurance, Domestic Violence, GST, Documentation, Divorce, Customs & Central Excise, Criminal, Cyber Crime, Court Marriage, Corporate, Child Custody, Cheque Bounce, Consumer Court, Breach of Contract, Civil, Bankruptcy & Insolvency, Banking & Finance, Arbitration, Anticipatory Bail, Startup

Get Advice
Advocate Tiliya K Sharma

Advocate Tiliya K Sharma

Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Property

Get Advice
Advocate Bajrang Lal

Advocate Bajrang Lal

Anticipatory Bail, Armed Forces Tribunal, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Civil, Child Custody, Cheque Bounce, Consumer Court, Court Marriage, Corporate, Criminal, Customs & Central Excise, Cyber Crime, Divorce, Documentation, High Court, Family, Domestic Violence, Insurance, International Law, Landlord & Tenant, Labour & Service, Media and Entertainment, Medical Negligence, Muslim Law, Motor Accident, NCLT, Patent, Startup, RERA, Recovery, R.T.I, Property, Revenue, Wills Trusts, Trademark & Copyright, Succession Certificate

Get Advice
Advocate Bhupender Singh Kaushal

Advocate Bhupender Singh Kaushal

Cheque Bounce, Anticipatory Bail, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, R.T.I, Property, Revenue, Wills Trusts

Get Advice
Advocate Umesh Bhardwaj

Advocate Umesh Bhardwaj

Revenue, Motor Accident, Civil, Divorce, Labour & Service

Get Advice
Advocate Siddharth Yadav

Advocate Siddharth Yadav

Motor Accident, Medical Negligence, Trademark & Copyright, Domestic Violence, Cyber Crime, Anticipatory Bail, Breach of Contract, Divorce, Documentation, High Court, Media and Entertainment

Get Advice
Advocate Ankalla Prudhvi Raj

Advocate Ankalla Prudhvi Raj

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Manoj Sebastian

Advocate Manoj Sebastian

Criminal, Divorce, Family, High Court, Supreme Court

Get Advice
Advocate Mohd Haseeb Khan

Advocate Mohd Haseeb Khan

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Recovery, Trademark & Copyright

Get Advice

Divorce Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.