Laws Regarding Adultery
What are the laws in India regarding adultery?
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Adultery definitely is a ground for divorce and judicial separation under Indian law. Hindu Law- Under the Hindu Marriage Act, 1955, if a person voluntarily has sexual intercourse with a person other than his spouse, such spouse can file a petition for divorce (Section 13). This can also be taken as a ground for judicial separation (Section 10). The court would however have to be satisfied that the petitioner has not condoned or connived in relation to such adultery (Section 23). This Act is applicable to Hindus, Jains, Buddhists and Sikhs. Under the Special Marriage Act, 1954- Under the Special Marriage Act, 1954, Christians, Jews and persons married under the Special Marriage Act, 1954 may file a petition for divorce if his or her spouse person voluntarily has sexual intercourse with a person other than such person (Section 27). A decree for judicial separation can also be sought on this ground (Section 23). The court would however have to be satisfied that the petitioner has not condoned or connived in relation to such adultery (Section 34). Muslim law- A man can divorce his wife in the customary manner by declaring talaq on her thrice. This can be for any reason. A woman does not have the right to seek a divorce on the ground of adultery by her husband. She can only seek divorce on a false accusation of adultery. Parsi Law- Parsis are governed under the Parsi Marriage and Divorce Act, 1936. Section 32 of this Act expressly states that adultery is a ground for divorce. The same is a ground for judicial separation. Interestingly, the person with whom the spouse commits adultery is required to be joined as a co-defendant and where the wife has committed adultery, her lover is required to pay the costs of the suit.
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Tags: Contested Divorce Criminal Matters