The Signs of Extramarital Affairs in India: Legal & Emotional Realities in 2025
When a marriage is on the brink, people often ask, “Is having an extramarital affair illegal in India?” The answer is complex and constantly evolving. While the law has changed significantly since 2018, the personal and legal fallout remains profound. This article will help you understand the truth about extramarital affairs in India in 2025, from the latest legal precedents and their impact on divorce and maintenance, to the psychological reasons behind infidelity and the practical steps you can take to cope and heal.
The Signs of Extramarital Affairs
Understanding the law is the first step. While an affair is no longer a crime, it can still have serious legal repercussions.
- The Decriminalisation of Adultery
The biggest legal shift came with the landmark Joseph Shine vs. Union of India case in 2018. The Supreme Court struck down Section 497 of the Indian Penal Code, which had criminalised adultery. The court rightly saw this law as unconstitutional, as it violated fundamental rights like equality and personal liberty. This means that for civilians, an extramarital affair is no longer a criminal offence.
However, there’s a crucial exception: the Indian Armed Forces. In a 2023 clarification, the Supreme Court confirmed that adultery can still lead to disciplinary action under military laws like the Army Act. For members of the military, conduct is held to a different, stricter standard to maintain discipline and morale.
- The New Civil & Matrimonial Consequences (2024-2025)
Even without criminal charges, an extramarital affair can profoundly affect a marriage legally. Recent court rulings have added new dimensions to the legal landscape.
- Grounds for Divorce: Infidelity remains a primary ground for divorce across all personal laws in India. Whether it’s under the Hindu Marriage Act, the Special Marriage Act, or other religious laws, you can file for divorce or judicial separation if your spouse cheats. Courts often view infidelity as a form of “cruelty,” which can strengthen your divorce case.
- Impact on Maintenance/Alimony: The legal landscape is clear here. Courts have repeatedly denied maintenance to a spouse who is proven to be living in adultery. A Delhi court recently rejected a woman’s maintenance plea, citing her adulterous conduct. Similarly, the Chhattisgarh High Court ruled that a wife who has been proven to have an extramarital affair is not entitled to alimony. This is rooted in Section 125(4) of the CrPC, which explicitly disqualifies a wife from maintenance if she is “living in adultery.”
- Civil Claims for Damages: A major emerging trend in 2025 is the possibility of suing the “other person” for civil damages. In a landmark ruling on September 15, 2025, the Delhi High Court in Shelly Mahajan v. Bhanushree Bahl held that a spouse can sue their partner’s lover (paramour) for “alienation of affection” or “tortious interference.” This means you can claim damages for the loss of companionship and affection caused by their interference in your marriage. This ruling clarifies that while adultery is no longer a crime, it does not eliminate civil consequences.
The Psychological and Emotional Truth
The truth about extramarital affairs extends beyond the courtroom. They are often born from emotional emptiness and leave a trail of pain.
- Signs You’re Heading for an Extramarital Affair
Spotting the signs of infidelity early can help you address underlying issues and protect your marriage before an affair takes root.
- Emotional Disconnect: Do you and your spouse no longer communicate openly? Have emotional and physical intimacy dwindled? When you feel emotionally distant, you may seek connection elsewhere. For instance, if you increasingly confide in a colleague or a friend more than your partner, that’s a significant red flag.
- Neglect of Each Other’s Needs: Are you or your spouse ignoring the need for emotional support or quality time together? Because increased neglect creates a gap, you may feel more vulnerable to looking for solace outside your marriage. This is a common pattern in busy urban hubs like Mumbai or Bengaluru.
- Unrealistic Expectations: Do you expect a picture-perfect relationship? However, no relationship is flawless. Holding onto perfection often leads to disappointment and may increase the chance of straying.
- Increased Secrecy: Hiding your phone, deleting messages, or being evasive about your daily routine could indicate something is amiss. Furthermore, secrecy can grow over time until it becomes the norm, which is dangerous for trust.
- Frequent Arguments: Arguments that are more frequent or intense can create emotional rifts. As a result, you might feel a desire to escape, possibly toward someone outside the marriage.
- External Influences: Surrounding yourself with friends or social circles who see infidelity casually may normalise it. In addition, media portrayals or peer pressures can influence your mindset more than you realise.
Steps to Address the Issue
Whether you’re trying to prevent an affair or dealing with its aftermath, taking proactive steps is crucial.
Taking Action (Including Legal Steps)
- Open Communication: Begin by expressing your concerns. Meanwhile, listen actively and try to understand what is missing in the relationship. This honest conversation can be the first step toward reconciliation.
- Seek Counselling: Couples therapy can offer a safe space where both partners can share feelings without judgment. Then, try structured sessions to rebuild trust or navigate a respectful separation.
- Document Evidence: Since legal consequences are possible, responsibly keeping records (like digital messages, travel logs, or witness statements) may help. A family lawyer can guide you on what constitutes admissible evidence.
- Legal Advice: If the situation escalates, consult a family law expert. Because current jurisprudence, especially from the Delhi High Court, suggests new remedies like civil suits for damages, legal guidance helps clarify your options. A firm like LawCrust can provide regional-specific advice on divorce, maintenance, and civil claims.
- Recovery from Infidelity
Healing from infidelity takes time. It’s a journey that requires patience and self-care.
- Focus on Self-Care: Engage in activities that bring you joy and peace. Exercise, hobbies, and spending time with loved ones can help you process your emotions.
- Seek Therapy: A therapist can provide a safe space to process your emotions, understand the trauma, and develop strategies for moving forward.
- Rebuild Trust (if possible): For some, the path is reconciliation. This requires open communication, rebuilding trust, and often, couples counselling.
- Embrace Your Future: Whether you choose to reconcile or separate, remember that life after infidelity can be a new chapter of growth and strength.
FAQs: The Truth About Extramarital Affairs in 2025
Can a spouse sue their partner’s lover for civil damages?
Yes. The Delhi High Court’s ruling in Shelly Mahajan v. Bhanushree Bahl (2025) held that a spouse may sue a paramour for “alienation of affection” i.e., damages for interfering with the marriage.
Does an affair affect entitlement to maintenance or alimony?
Yes. Spouses found to have committed adultery have been denied maintenance under Section 125(4) CrPC in recent court orders from Delhi and Chhattisgarh, showing that infidelity can disqualify a spouse from financial support.
Is adultery still a criminal offence?
No. The Supreme Court’s Joseph Shine decision (2018) decriminalised adultery among consenting adults, though civil consequences remain.
Does technology play a role in extramarital affairs?
Yes. The rise of online cheating via social media or extramarital websites is common in tech-savvy regions like Delhi and Bengaluru. Digital communication often serves as evidence in legal proceedings.
What is the family impact of infidelity?
An affair can cause profound emotional distress, destroy family trust, and lead to confusion and insecurity, especially for children. It also carries significant social and financial risks.
Conclusion
The truth about extramarital affairs in India is that while they are no longer criminal offences, they carry significant legal and personal consequences. An affair remains grounds for divorce, can affect maintenance, and now, in certain cases, can lead to civil lawsuits for damages. The emotional fallout is often severe, but with the right legal guidance and emotional support, you can navigate the challenges and find a path toward healing and clarity. If you need help, contact our family law experts at LawCrust today.
About LawCrust Legal Consultation.
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