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 Aditya Singh

Advocate Aditya Singh

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Divorce, Family, High Court, Motor Accident

Get Advice
Advocate Harshit Srivastava

Advocate Harshit Srivastava

Anticipatory Bail, Arbitration, Armed Forces Tribunal, 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, Labour & Service, Landlord & Tenant, Media and Entertainment, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue, Motor Accident

Get Advice
Advocate Devendra Kumar Misra

Advocate Devendra Kumar Misra

Arbitration, Civil, Criminal, High Court, Labour & Service, Landlord & Tenant, Recovery, Trademark & Copyright, Revenue, Property, Insurance, Cheque Bounce, Banking & Finance, Bankruptcy & Insolvency, Anticipatory Bail, GST, Family, NCLT, Corporate, Divorce, Domestic Violence, Motor Accident, Wills Trusts, RERA, Breach of Contract

Get Advice
Advocate Advocate Bhupendra Kumar

Advocate Advocate Bhupendra Kumar

Anticipatory Bail, Child Custody, Cheque Bounce, Consumer Court, Criminal, Cyber Crime, Divorce, High Court, Family, Domestic Violence, Muslim Law, R.T.I, Recovery, Property, Supreme Court, Insurance, Breach of Contract

Get Advice
Advocate Munsif Khan

Advocate Munsif Khan

Anticipatory Bail, Cheque Bounce, Corporate, Criminal, Divorce, High Court, Labour & Service, Media and Entertainment

Get Advice
Advocate Rajesh Doshi

Advocate Rajesh Doshi

Anticipatory Bail, Breach of Contract, Banking & Finance, Consumer Court, Court Marriage, Divorce, Family, Media and Entertainment, Succession Certificate, Wills Trusts, Criminal, Property, R.T.I

Get Advice
Advocate Md Asghar Ali

Advocate Md Asghar Ali

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Arbitration, Court Marriage, Child Custody, Succession Certificate, Motor Accident, Immigration, High Court, Family, Divorce, Domestic Violence, Criminal, Cyber Crime, Medical Negligence, Landlord & Tenant, Media and Entertainment, Recovery, Documentation, Property, R.T.I, Muslim Law

Get Advice
Advocate Deepak Singh

Advocate Deepak Singh

Breach of Contract, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Documentation, High Court, Property, R.T.I, Supreme Court, Wills Trusts

Get Advice
Advocate V K Dhiman

Advocate V K Dhiman

Divorce, Criminal, Anticipatory Bail, Civil, Property

Get Advice
Advocate Devendra Singh Thakur

Advocate Devendra Singh Thakur

Anticipatory Bail, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Supreme Court

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.