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 Mahipal Singh

Advocate Mahipal Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Trademark & Copyright

Get Advice
Advocate Vijay Jangid

Advocate Vijay Jangid

Anticipatory Bail, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Patent, R.T.I, Recovery, RERA, Startup, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Pvl Kanta Suhasini

Advocate Pvl Kanta Suhasini

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, High Court, Motor Accident, Property, Supreme Court, Wills Trusts

Get Advice
Advocate Sudhakar Kumar

Advocate Sudhakar 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 Amit Shukla

Advocate Amit Shukla

Civil, Divorce, Domestic Violence, Family, Landlord & Tenant, Court Marriage, Cheque Bounce

Get Advice
Advocate Vivek Prakash Singh

Advocate Vivek Prakash Singh

Civil, Child Custody, Anticipatory Bail, Criminal, Family, Divorce, Breach of Contract, Cheque Bounce

Get Advice
Advocate Ashutosh Gulati

Advocate Ashutosh Gulati

Anticipatory Bail, Bankruptcy & Insolvency, Cheque Bounce, Civil, Criminal, Divorce, High Court

Get Advice
Advocate Mahesh Chandra

Advocate Mahesh Chandra

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, Labour & Service, Motor Accident, Property, R.T.I, Succession Certificate

Get Advice
Advocate Kallepalli Srinivasa Rao

Advocate Kallepalli Srinivasa Rao

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Revenue

Get Advice
Advocate Kameshwar Mahto

Advocate Kameshwar Mahto

Anticipatory Bail, Criminal, Cheque Bounce, Civil, Family, Insurance, Court Marriage, Divorce, Domestic Violence, High Court, Breach of Contract, Revenue, Arbitration, Cyber Crime, Muslim Law, Motor Accident

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.