Adultery in India: A Comprehensive Guide to Legal Status, Divorce, and 2025 Updates
Adultery in India has always been a sensitive and legally intricate issue. While it’s no longer a criminal offense, its impact on marriages, divorce, alimony, and child custody remains profound. This updated 2025 guide explains the current legal implications of adultery in India, recent court rulings, and what steps you can take if you’re facing infidelity.
Is Adultery a Crime in India in 2025?
Let’s get this straight: adultery in India is no longer a crime for civilians. The Supreme Court’s landmark 2018 judgment, Joseph Shine vs. Union of India, decriminalized it by striking down Section 497 of the old Indian Penal Code. The Court recognized that criminalizing adultery violated fundamental constitutional rights, treating it as a marital wrong rather than a criminal offense.
This position was confirmed in 2024 when the new Bharatiya Nyaya Sanhita (BNS), 2023, replaced the Indian Penal Code. Parliament committees did recommend re-criminalizing adultery in a gender-neutral way, but the final BNS 2023 deliberately excluded it. So, as of 2025, adultery is a ground for divorce and judicial separation, but not a crime.
However, a small but important exception exists: members of the armed forces can still face punishment for adultery under their military rules, a point clarified by the Supreme Court in 2023.
The Legal Consequences of Adultery in India
While you won’t face jail time for adultery, it still has significant consequences in family court. It’s a key player in divorce, maintenance, and custody battles.
- Grounds for Divorce
Adultery remains a valid and powerful ground for divorce under several personal laws:
- Section 13(1)(i), Hindu Marriage Act, 1955
- Section 27, Special Marriage Act, 1954
- Section 10, Indian Divorce Act, 1869
Recent High Court judgments consistently confirm that if adultery is proven whether through direct or circumstantial evidence like DNA tests, witness testimony, or electronic messages courts will grant a divorce. A single act of infidelity is enough to file, but an ongoing affair can strengthen your case.
- Judicial Separation
Most personal laws, with the exception of Muslim personal law, recognize adultery as a valid ground for judicial separation. This legal option allows spouses to live apart while remaining legally married, giving them time to decide if they want to proceed with a full divorce.
Effect on Maintenance and Alimony
This is where adultery in India can hit hard. According to Section 125(4) of the Criminal Procedure Code (CrPC), a wife “living in adultery” is not entitled to maintenance. This provision is often a critical factor in court decisions.
- Delhi High Court, 2024: Denied maintenance to a woman after DNA tests confirmed her infidelity, citing Section 125(4).
- Chhattisgarh High Court, 2023: Reinforced that proven adultery disqualifies wives from claiming maintenance.
- Delhi High Court, 2025: Clarified that while employed wives can still seek maintenance if there’s a wide income disparity, adultery remains a strong disqualifier. A July 2025 ruling by the Patna High Court added a nuance, stating that the adultery must be continuous to fully deny maintenance.
Custody and Child Rights
Indian courts don’t automatically deny custody to an adulterous parent. Custody decisions are always made under the Guardians and Wards Act, 1890, with the child’s best interest as the guiding principle. However, proven adultery may influence the court’s view of the parent’s moral fitness and stability. An August 2025 High Court decision highlights this, where infidelity swayed the judge’s decision against the at-fault parent.
A January 2025 Supreme Court ruling confirmed that a husband remains the legal father of a child born from his wife’s adultery unless paternity is disproven through a DNA test. This shows how adultery affects family relationships without creating a criminal record.
Why Does Adultery Happen?
Adultery often stems from deeper marital issues. Common causes include:
- Lack of emotional or physical intimacy.
- Breakdown of communication.
- Challenges of long-distance marriage (very common for NRIs).
- Seeking validation, excitement, or a sense of being desired outside the marriage.
What Steps Can You Take if You Suspect Adultery?
Facing infidelity is emotionally taxing, but knowing your legal options can empower you.
- Gather Evidence: Courts accept circumstantial evidence. Quietly collect proof like texts, emails, photos, travel records, or witness accounts. A June 2025 High Court ruling allows WhatsApp chats as proof, even if obtained without explicit consent, as long as they show infidelity.
- Consult a Divorce Lawyer: This is your most crucial step. A qualified professional can give you personalized legal advice. You can search for best divorce lawyers near me, divorce attorney near me, or a lady advocate for divorce near me for adapted support. A firm specializes in such cases.
- Consider Mediation: Many Family Courts and Lok Adalats in India encourage mediation before contested divorce. This can be a less adversarial way to reach a settlement.
- File for Divorce or Judicial Separation: You can file a petition through the district family court where your marriage was registered or where you and your spouse last resided together.
- Seek Counselling: Before you take legal action, consider marriage counseling. It might help you and your spouse address the root issues and explore ways to rebuild trust.
Navigating the Legal System and Practical Advice
- Online Filing: States like Delhi, Maharashtra, and Karnataka allow e-filing of divorce petitions through High Court portals. The government’s provides access to case status and cause lists.
- NRI Cases: If you are an NRI facing an adultery-related divorce, you must ensure your petition is filed in the jurisdiction of your spouse’s residence in India. You can use a Power of Attorney (POA) for representation.
- Urban vs. Rural: Urban centers like Mumbai offer more anonymous legal services, while in rural areas, social stigma might add pressure. It’s always best to find a family court advocate who understands the local nuances.
Frequently Asked Questions on Adultery in India
Q1. Is adultery still a ground for divorce in India?
Yes. Adultery remains a valid reason for divorce under personal laws.
Q2. Is proof of adultery mandatory for divorce?
Yes, but circumstantial evidence is sufficient. Courts accept messages, travel records, or DNA reports.
Q3. Does adultery affect child custody?
Not automatically. Custody is always decided based on the child’s welfare, but adultery may influence the court’s assessment of a parent’s fitness.
Q4. Can a husband or wife refuse alimony by citing adultery?
Yes, under Section 125(4) CrPC, a spouse proven to be living in adultery is generally not entitled to claim maintenance.
Q5. Can I get a mutual consent divorce if my spouse committed adultery?
Yes. If both parties agree, a mutual consent divorce is a smoother and faster option, regardless of the reasons forthe breakdown of the marriage.
Conclusion
Adultery in India has evolved from a criminal offense to a significant factor in family law. The legal system now focuses on personal autonomy and the fallout of broken trust within a marriage. If you are facing such issues, the most crucial step is to seek expert legal guidance. Consult a divorce lawyer to understand your rights and protect your interests. Whether you need a mutual consent divorce lawyer, a family court advocate, or a domestic violence lawyer near me, the right support can help you move forward with clarity and confidence.
About LawCrust Legal Consultation.
LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of Premium Legal Services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.
In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.
Contact LawCrust Today
- Call Now: +91 8097842911
- Email: inquiry@lawcrust.com