Law4u - Made in India

Can a person file for divorce if their spouse is engaged in extramarital affairs?

28-Jan-2024
Divorce

Answer By law4u team

Yes, in India, engaging in extramarital affairs can be considered as a ground for divorce under certain personal laws. The specific grounds for divorce can vary depending on the personal laws applicable to the individuals involved. Here are a few key points: Hindu Marriage Act: Under the Hindu Marriage Act, which applies to Hindus, Buddhists, Jains, and Sikhs, one of the grounds for divorce is adultery. Adultery refers to voluntary sexual intercourse by a married person with someone other than their spouse. If a spouse is engaged in extramarital affairs, it can be a valid reason for seeking a divorce under this law. Other Personal Laws: Different personal laws, such as the Muslim Personal Law, Christian Marriage Act, and others, may have their own provisions for divorce. While some personal laws may explicitly mention adultery as a ground for divorce, others may consider it under broader categories like cruelty or irretrievable breakdown of marriage. Legal Consultation: It's important for individuals considering divorce on the grounds of extramarital affairs to consult with a family law attorney. The attorney can provide guidance based on the specific personal law applicable to their situation and advise on the evidence and legal procedures involved in establishing such grounds. Proof of Adultery: In cases involving extramarital affairs, it may be necessary to provide evidence to establish the grounds for divorce. Evidence can include witness testimonies, photographs, messages, or any other relevant documentation. Counseling and Mediation: Before initiating divorce proceedings, some legal processes may require parties to attempt reconciliation through counseling or mediation. This varies depending on the specific laws and the approach taken by the individuals involved. It's essential to keep in mind that laws may evolve, and legal interpretations may vary. Therefore, consulting with a qualified family law attorney is crucial to understanding the specific legal provisions applicable to a particular case and navigating the divorce process effectively.

Divorce Verified Advocates

Get expert legal advice instantly.

Advocate Sayan Sinha

Advocate Sayan Sinha

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

Get Advice
Advocate Santhana Karuppu

Advocate Santhana Karuppu

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Property, R.T.I, RERA

Get Advice
Advocate Rajat Prasad

Advocate Rajat Prasad

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Criminal, Cyber Crime, Domestic Violence, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, R.T.I, Startup, Supreme Court, Trademark & Copyright, Documentation, Armed Forces Tribunal, Wills Trusts, Property, Tax, Immigration, Divorce, International Law, Patent, Recovery, Civil, Banking & Finance, GST

Get Advice
Advocate Shiv Pramod

Advocate Shiv Pramod

Anticipatory Bail, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, High Court, Insurance, Labour & Service, Property, Recovery, Cyber Crime, Child Custody, Armed Forces Tribunal, Arbitration, Bankruptcy & Insolvency, Breach of Contract, R.T.I, Motor Accident, Media and Entertainment, Landlord & Tenant, Medical Negligence, Supreme Court, Startup, Trademark & Copyright, Tax, Revenue, Wills Trusts

Get Advice
Advocate Shobhit Vyas

Advocate Shobhit Vyas

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

Get Advice
Advocate Sp Kiran Raj

Advocate Sp Kiran Raj

Anticipatory Bail, Cheque Bounce, High Court, Family, Divorce, Documentation, Domestic Violence, Tax, GST, Supreme Court, Succession Certificate, Cyber Crime, Banking & Finance, Bankruptcy & Insolvency, Arbitration, Breach of Contract, Child Custody, Civil

Get Advice
Advocate Anil Kumar

Advocate Anil Kumar

Civil, Cheque Bounce, Cyber Crime, Family, Immigration, Court Marriage, Anticipatory Bail, Landlord & Tenant, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Revenue, Domestic Violence, Divorce, Consumer Court, Banking & Finance, Bankruptcy & Insolvency, Breach of Contract, Insurance, International Law, Labour & Service, Medical Negligence, Trademark & Copyright

Get Advice
Advocate Rahul Kumar Saha

Advocate Rahul Kumar Saha

Consumer Court, Civil, Arbitration, Court Marriage, High Court, Landlord & Tenant, R.T.I, Family, Divorce, Cyber Crime, Immigration, Insurance, Criminal, Cheque Bounce, Child Custody, Succession Certificate, Motor Accident, Media and Entertainment, Banking & Finance, Property

Get Advice
Advocate M.srinivasan

Advocate M.srinivasan

Cheque Bounce, Civil, Divorce, Family, Labour & Service, Landlord & Tenant, Motor Accident

Get Advice
Advocate Laxman

Advocate Laxman

Civil, Criminal, Family, Divorce, Domestic Violence, Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Cyber Crime, Bankruptcy & Insolvency, Recovery, Succession Certificate

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.