Navigating Extramarital Affairs Law in India: Legal Insights for Kolkata Residents
Navigating the legal fallout from an extramarital affair can be extremely challenging. Societal views are strong, but the extramarital affairs law in India has changed dramatically, especially after the Supreme Court’s 2018 verdict. This guide explains the legal implications of infidelity and shows how a family law attorney in Kolkata can assist.
With updates up to September 2025, we cover everything from the decriminalization of adultery to its impact on divorce, alimony, and child custody.
Decriminalization of Adultery: Joseph Shine v. Union of India
Adultery was once a criminal offense under Section 497 of the Indian Penal Code (IPC). This law punished only men and treated women as their husband’s property.
On September 27, 2018, the Supreme Court struck down Section 497 in Joseph Shine v. Union of India. The court ruled it violated Articles 14 (equality), 15 (non-discrimination), and 21 (personal liberty).
Key Takeaway: A consensual extramarital affair is no longer a crime in India. However, the law still treats it as a civil wrong with serious consequences for family matters.
Legal Consequences of an Extramarital affairs-Extramarital affairs law in India
- Grounds for Divorce
Adultery remains one of the strongest grounds for divorce. A spouse can file for separation if they can prove their partner engaged in an affair.
- Applicable Laws: Hindu Marriage Act, 1955; Indian Divorce Act, 1869; Special Marriage Act, 1954.
- Evidence: Courts now accept digital evidence such as WhatsApp chats, emails, and social media messages. In a 2024 Kolkata case, digital proof helped a spouse win divorce proceedings.
Infidelity can affect alimony and maintenance claims. Courts consider a spouse’s conduct when determining settlements.
- Notable Cases:
- Chhattisgarh High Court (May 2025): Denied alimony to a wife proven to have committed adultery. Section 125(4) of the CrPC was referenced.
- Ahmedabad Court: Ordered an NRI husband to pay maintenance despite a divorce for adultery. The court noted the infidelity claim was raised too late.
- Supreme Court (July 2024): Confirmed that the conduct of parties, including affairs, is a key factor in alimony calculations.
Child Custody
Courts prioritise the best interests of the child.
- An affair does not automatically result in loss of custody.
- Custody decisions can be influenced if the affair negatively affects the child’s emotional or mental well-being.
- In Kolkata, family law attorneys often argue how a parent’s affair impacts the home environment.
Recent Legal Developments
- Calcutta High Court Directive (2025): Adultery, while not a crime, remains important in divorce and alimony cases.
- Technology & Infidelity: Courts increasingly accept digital proof of affairs. A 2025 Kolkata case used WhatsApp chats to substantiate claims.
Legal Support in Kolkata
Family courts in Kolkata, including Alipore, handle many extramarital affair cases. Local legal expertise is critical.
A skilled family law attorney can help you:
- Prove Infidelity: Gather and present digital or physical evidence effectively.
- Mediate Disputes: Resolve conflicts amicably, especially in family businesses common in West Bengal.
- Negotiate Alimony and Custody: Ensure fair settlements, focusing on the child’s best interests.
FAQs on Extramarital Affairs Law in India
Q1: Is an extramarital affair a crime in India?
A1: No. Section 497 IPC was struck down in 2018. Affairs are now a civil matter with legal consequences.
Q2: Can I file for divorce because of an affair?
A2: Yes. Adultery remains a valid ground under personal laws.
Q3: Does an affair affect alimony?
A3: Yes. Courts may reduce or deny maintenance depending on circumstances.
Q4: Will an affair impact child custody?
A4: Potentially, if it negatively affects the child’s well-being.
Q5: How can I prove an affair in court?
A5: Digital evidence like texts, emails, and social media messages can be used. A lawyer can advise on legal presentation.
Expert Tips for Handling an Affair Legally
- Act Quickly: Consult a family law attorney in Kolkata immediately.
- Gather Evidence: Collect digital or physical proof.
- Consider Mediation: Can reduce emotional stress and save costs.
- Seek Emotional Support: Professional counseling helps manage the psychological impact.
Conclusion
The extramarital affairs law in India has transformed, but its implications remain significant. In Kolkata, where tradition meets modernity, a skilled family law attorney is crucial. They can guide you through divorce, alimony, and custody proceedings, safeguarding your interests while helping you move toward a stable future.
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