Divorce

Hello,

Being in an extra marital affair or committing adultery is a ground for divorce. However, it is essential that the spouse prepares and collects evidence before taking any action as the burden of proof will fall upon them and proving the same in Court may be tricky. Moreover, if one is unable to prove the same, the opposing party accused of committing adultery with the spouse can file a case for defamation.     

Since it is very difficult to obtain direct evidence in a case of an extra marital affair, circumstantial evidence is sufficient. Some evidences can be:

• Birth of an illegitimate child or paternity test report of a child, etc.
• Contraction of a venereal disease by the unfaithful spouse.
• Witnesses, photographs and videos proving the extra marital affair. However, ensure to obtain these solely for the purpose of evidence, without violating any law of the land at the time.
• Confession of the spouse to committing adultery.
• Whatsapp or text messages and emails that came to your knowledge or possession.

Recently, the Apex Court passed a judgement which decriminalized adultery which was earlier an offence under Section 497 of the Indian Penal Code, 1860. The court stated that the section was unconstitutional, arbitrary in nature and violated the principles of gender equality enshrined under Articles 14 and 15(3). But this does not change the fact that committing adultery is a ground for civil issues such as for divorce.

Hope this helps with your query.

Regards,

Nicole Gomez