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 Krishna Kumar

Advocate Krishna Kumar

Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Property, R.T.I, Succession Certificate

Get Advice
Advocate Vasupalli Venu

Advocate Vasupalli Venu

Anticipatory Bail, Banking & Finance, Cheque Bounce, Civil, Criminal, Family, Child Custody, Domestic Violence, Divorce, Cyber Crime, Recovery, Arbitration, Consumer Court, Documentation, R.T.I, Motor Accident

Get Advice
Advocate Aman Jani

Advocate Aman Jani

Civil, Cheque Bounce, Banking & Finance, Criminal, Divorce, Family, Domestic Violence, Motor Accident, Revenue, Labour & Service, Court Marriage, Corporate, Anticipatory Bail, Child Custody, High Court, Property, Succession Certificate, Wills Trusts

Get Advice
Advocate Puran Maurya

Advocate Puran Maurya

Civil, Criminal, Domestic Violence, Family, Motor Accident, Cheque Bounce, Court Marriage, Consumer Court, Divorce, High Court, Landlord & Tenant, R.T.I, Property, Succession Certificate, Wills Trusts, Medical Negligence, Insurance, Cyber Crime, Arbitration, Anticipatory Bail, Banking & Finance

Get Advice
Advocate Ramsingh

Advocate Ramsingh

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

Get Advice
Advocate Hirdesh Kumar

Advocate Hirdesh Kumar

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 Anuj Kumar Singh

Advocate Anuj Kumar Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, R.T.I, Recovery, Succession Certificate, Revenue

Get Advice
Advocate A R Qureshi

Advocate A R Qureshi

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Muslim Law, Property, Recovery, RERA, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Rohit Mishra

Advocate Rohit Mishra

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

Get Advice
Advocate Gopal Biswas

Advocate Gopal Biswas

Court Marriage, Criminal, Divorce, Domestic Violence, Family, Muslim Law

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.