The Evolving Cultural Perspectives on Adultery
India’s diverse culture gives rise to varied cultural perspectives on adultery. For centuries, marital fidelity was held as a cornerstone of family and social honor, heavily influenced by religious texts and patriarchal structures. In traditional settings, particularly in rural areas, an extramarital affair could lead to severe social ostracism, with the burden of blame often falling disproportionately on women. These traditional views saw adultery not just as a breach of trust but as a stain on the entire family’s reputation.
However, a powerful wave of modernisation is reshaping these views. In urban centers like Mumbai, Delhi, and Bengaluru, younger generations are challenging old norms and advocating for greater personal autonomy and privacy within marriage. The growing recognition of individual rights and evolving gender roles has led to more open conversations about the psychology of extramarital affairs and the underlying reasons behind infidelity, such as a lack of emotional connection or unmet needs.
This shift has also been fueled by technology. The rise of social media and online dating platforms has made online cheating more accessible, creating new challenges for modern relationships. While this has in some ways reduced the stigma, it has also complicated how couples navigate trust and commitment in the digital age.
The Legal Framework Of Crime to Civil Matter-Cultural Perspectives On Adultery
The legal status of adultery in India has mirrored these cultural changes.
In a landmark 2018 decision in the case of Joseph Shine v. Union of India, the Supreme Court decriminalised adultery by striking down Section 497 of the Indian Penal Code. The court declared the law unconstitutional, as it violated fundamental rights to equality, non-discrimination, and personal liberty. This historic judgment affirmed that adultery is a private matter between two consenting adults and not a criminal offense for civilians.
However, the Court was clear: while no longer a crime, adultery remains a valid ground for divorce under civil law. This crucial distinction separates the act from a criminal offense while acknowledging its serious impact on the marital relationship.
As of 2025, the legal landscape is more defined:
- Divorce Proceedings: You can file for divorce on the grounds of adultery under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954. To prove the traits of a cheating partner, courts are now increasingly accepting digital evidence, such as text messages, emails, and location data from mobile phones, as seen in a 2025 Madras High Court case.
- Maintenance and Alimony: A spouse found guilty of adultery may not be entitled to maintenance or alimony. Recent rulings, like a 2025 Chhattisgarh High Court decision, confirm that courts consider a person’s conduct during the marriage when determining financial support.
- Civil Remedies: While Indian law does not explicitly recognise “alienation of affection,” recent judicial discussions have opened the door to the possibility of a spouse filing a civil suit for damages against the third party involved. This shows a growing legal recognition of the emotional and financial harm caused by extramarital affairs.
Navigating Infidelity: Practical Steps for Healing
If you’ve discovered signs of extramarital affairs, it’s crucial to act with a clear mind.
- Gather Information: Collect evidence like suspicious phone calls or financial records. This can be essential for a divorce case.
- Communicate Openly: Talk to your partner about your suspicions and feelings. An honest conversation can provide clarity on the truth about extramarital affairs and what comes next.
- Seek Professional Support: A therapist or a support group can provide a safe space to process the betrayal and heal from infidelity. For couples who wish to reconcile, couples counseling for infidelity can guide you through the process of rebuilding trust.
- Know Your Legal Options: If you decide to pursue divorce, a legal expert can provide the right guidance. A firm like LawCrust specialises in family law and can help you navigate the complexities of a divorce in India, including the legal and financial impact of infidelity.
Ultimately, dealing with infidelity requires strength and informed decisions. By understanding the cultural and legal shifts in India, you can take control of your situation and begin the journey toward healing.
Your Partner in Family Law Matters Dealing with a complex marital dispute? Our legal experts at LawCrust are here to help. We provide strategic advice and representation adapted to the latest legal standards in India, ensuring you get the support you need.
Frequently Asked Questions
Q1. Is adultery still illegal in India?
No, the Supreme Court decriminalised adultery in 2018. However, it remains a valid ground for divorce.
Q2.How do cultural views on adultery affect women in India?
While traditional views often place a harsher burden on women, modern urban attitudes are shifting towards greater gender equality.
Q3.Can I sue the person my spouse had an affair with?
While not an explicit law, recent rulings suggest a civil action for damages may be possible. Consult a lawyer for specific advice.
Q4. Does infidelity affect alimony and child custody?
Yes, courts may consider a spouse’s conduct, including infidelity, when deciding on alimony and child custody arrangements.
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.