Law4u - Made in India

Is Infidelity Still A Valid Ground For Divorce After The Decriminalization Of

Answer By law4u team

The decriminalization of adultery, particularly following judicial reforms or changes in certain legal systems, has led to the removal of criminal penalties for individuals who engage in infidelity. However, infidelity can still be a valid ground for divorce in many jurisdictions, though the legal framework has evolved to distinguish between criminal and civil matters.

Impact of Decriminalization:

  • Adultery as Grounds for Divorce:

    In countries like India, where adultery was decriminalized in 2018, it no longer results in criminal prosecution, but it can still be grounds for divorce under family law. Infidelity may be used as evidence of marital misconduct, which may affect divorce settlements or alimony decisions.

  • Legal Grounds for Divorce:

    In many places, infidelity can be a factor in granting a divorce, as it may be seen as a violation of the marriage contract. However, family courts are likely to evaluate the circumstances of the infidelity and whether it had a material impact on the marriage.

  • Influence on Alimony and Settlements:

    Infidelity can influence financial settlements in divorce cases. If one spouse's unfaithful behavior is deemed particularly harmful to the marriage, it may impact decisions related to alimony, child custody, or the division of assets.

Legal Considerations:

  • Fault vs. No-Fault Divorce:

    In a no-fault divorce system, infidelity may not have any direct impact on the dissolution of marriage itself. However, in a fault-based divorce system, infidelity can be cited to demonstrate grounds for the breakdown of the marriage.

  • Proof of Infidelity:

    In order to use infidelity as a ground for divorce, evidence of the affair may be required. Courts may consider physical evidence, testimony, or confessions when assessing the claim.

Example:

In a case where one spouse discovers that the other has been involved in an extramarital affair, they may file for divorce based on adultery as a reason for the breakdown of the marriage. Despite adultery no longer being a criminal offense, the spouse seeking divorce can still present the affair as evidence of the marital relationship’s irretrievable breakdown. Additionally, if the infidelity is proven, it may influence the division of assets or the awarding of alimony, depending on the jurisdiction.


In conclusion, even though adultery may no longer be a criminal offense, it still has legal implications in divorce proceedings in many regions, particularly when it comes to settlements and spousal support.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Syed Khader

Advocate Syed Khader

Cheque Bounce,Criminal,Divorce,Family,Motor Accident,Muslim Law,R.T.I,Recovery,Succession Certificate,

Get Advice
Advocate Anithabai S

Advocate Anithabai S

Civil, Cheque Bounce, Domestic Violence, Family, Landlord & Tenant, Consumer Court, Criminal

Get Advice
Advocate Nitin Kumar

Advocate Nitin Kumar

Banking & Finance, Cheque Bounce, Consumer Court, Corporate, Customs & Central Excise, Cyber Crime, Documentation, GST, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue, Criminal, Civil, Child Custody, Court Marriage

Get Advice
Advocate Keerthiraj

Advocate Keerthiraj

Anticipatory Bail, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Recovery, Revenue, Cyber Crime

Get Advice
Advocate Rahul Singh Shekhawat

Advocate Rahul Singh Shekhawat

Criminal, Anticipatory Bail, Divorce, Civil, Cheque Bounce, Domestic Violence, Family, Motor Accident, Revenue

Get Advice
Advocate Vijender Kumar Bhardwaj

Advocate Vijender Kumar Bhardwaj

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, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Wills Trusts, Revenue

Get Advice
Advocate Kanun Rabadia

Advocate Kanun Rabadia

Arbitration, Cheque Bounce, Breach of Contract, Landlord & Tenant, Consumer Court, Civil, Recovery, Wills Trusts, Property, Documentation, Corporate, Labour & Service, Insurance

Get Advice
Advocate Md Khurshid Anwar

Advocate Md Khurshid Anwar

Anticipatory Bail, Criminal, Cyber Crime, Labour & Service, Property, Wills Trusts, Bankruptcy & Insolvency

Get Advice

Family Law Guides Related Questions

Discover clear and detailed answers to common questions about Family Law Guides. Learn about procedures and more in straightforward language.