Is Extra-Marital Affair Legal in India?
Many people in Kolkata and across India grapple with the question, “Is extra-marital affair legal in India?” Extra-marital affairs, also known as illicit affairs or cheating on a spouse, can be emotionally devastating and raise complex legal issues. Let’s delve into the current legal landscape surrounding extra-marital affairs in India.
- The Landmark Judgment of 2018
Prior to September 27, 2018, of the Indian Penal Code (IPC) criminalised adultery. This meant that a married man could be punished with imprisonment for having consensual sexual intercourse with a married woman who wasn’t his wife. However, the law faced criticism for being discriminatory as it only penalised men and not women.
In a landmark judgment in 2018, a five-judge bench of the Supreme Court declared Section 497 unconstitutional. The court ruled that adultery is a ground for divorce but cannot be a criminal offense. This decision recognised the right to equality and personal liberty for all genders.
- Current Legal Position on Extra-Marital Affairs in India
Following the 2018 judgment, extra-marital affairs are not criminal offenses in India. This means a person cannot be arrested or jailed for having an extra-marital affair.
However, adultery can still have significant legal consequences in the context of marriage. It remains a valid ground for filing for divorce under various matrimonial laws applicable in India. Additionally, in a divorce case, evidence of an extra-marital affair can influence crucial aspects like alimony, child custody, and the division of assets.
- Seeking Legal Guidance for Extra-Marital Affairs
While extra-marital affairs are not criminalised, navigating the complexities of a marriage breakdown due to infidelity can be challenging. If you face a situation involving an extra-marital affair, it’s crucial to seek legal guidance from a qualified lawyer specialising in family law. An experienced lawyer can advise you on your legal rights and options, whether you consider divorce, seek alimony, or deal with child custody issues.
The Impact of Extra-Marital Affairs on Divorce Proceedings
In India, the law against cheating spouse may not exist in criminal terms, but the impact of adultery in matrimonial disputes remains significant. Adultery can serve as evidence of marital misconduct, influencing divorce proceedings, alimony, and child custody cases.
Recent Developments in Extra-Marital Affairs Law
The 2018 Supreme Court judgment has significantly changed the legal landscape regarding extra-marital affairs in India. While adultery is no longer a criminal offense, it remains a contentious issue in matrimonial disputes. The court emphasised the importance of individual autonomy and the right to privacy, marking a shift towards more progressive views on marriage and personal relationships.
Conclusion: Understanding Extra-Marital Affairs in India
Understanding the legalities of extra-marital affairs in India is crucial for individuals facing marital issues. While adultery is no longer a criminal offense, it can still impact divorce proceedings and related matters. For expert legal advice and representation, engaging a skilled family lawyer is essential.
LawCrust: Your Trusted Partner for Family Law Matters
At LawCrust Legal Consulting, we specialise in navigating the complexities of extra-marital affairs and their legal consequences. Our team of experienced and compassionate lawyers can provide you with the support you need during this difficult time.
We offer a wide range of services, including:
- Consultation and legal advice on your options
- Drafting and filing divorce petitions
- Representing you in court proceedings
- Negotiating settlements related to alimony, child custody, and property division
At LawCrust Legal Consulting, we specialise in providing comprehensive divorce services in Kolkata. Our experienced and compassionate lawyers guide you through every step of the process, offering customised legal solutions and support.
LawCrust Legal Consulting Services, a subsidiary of LawCrust Global Consulting Ltd, offers top-tier legal services across Mumbai, Navi Mumbai, Delhi, Kolkata, Bangalore, and throughout India. Whether you are considering a reverse takeover. LawCrust provides expert legal guidance, helping you navigate complex regulatory requirements and minimise litigation risks. Our specialties include litigation finance, legal protection, startup solutions, mergers and acquisitions, and hybrid consulting services.
If you’re facing a divorce in Kolkata, contact LawCrust Legal Consulting today at +91 8097842911 or email bo@lawcrust.com to schedule a consultation.