The Emotional and Legal Impact of Affairs on Trust in India
An extramarital affair can shatter the foundation of any marriage, leaving behind a trail of emotional devastation and complex legal challenges. In India, the impact of affairs on trust is felt deeply, not only on a personal level but also within the legal system. It influences everything from divorce proceedings to maintenance claims.
This guide explores the emotional fallout of infidelity, the updated legal landscape as of 2025, and practical steps for healing and protection.
The Emotional Toll: How Affairs Erode Trust
When infidelity occurs, trust the bedrock of a relationship is instantly broken. The emotional fallout can be severe and long-lasting.
- Betrayal and Anger
The betrayed partner often feels a profound sense of violation. This manifests as sadness, shock, or overwhelming anger. As a result, reconciliation becomes very difficult.
- Anxiety and Depression
Affairs also trigger mental health issues. The ongoing stress may lead to insomnia, constant rumination, and loss of motivation. Depression and infidelity often go hand in hand, leaving the betrayed partner feeling trapped in hopelessness.
- Loss of Self-Esteem
Many betrayed spouses start questioning their worth. They wonder if they were “not enough,” which damages self-confidence. This loss of self-esteem creates lingering trust issues after an extramarital affair.
- Persistent Suspicion
Even when couples stay together, rebuilding trust is challenging. The betrayed spouse may become hyper-vigilant, checking phones or social media out of fear of another betrayal.
These emotional consequences are not just personal. Courts often consider the behaviour and emotional harm caused by infidelity, which can influence decisions about alimony, maintenance, or custody.
The Legal Landscape in India (2025)-Impact of Affairs On Trust
While adultery is no longer a criminal offence in India, it still carries serious legal weight within civil and family law.
- Decriminalisation and Its Effects
The Supreme Court’s landmark 2018 ruling in Joseph Shine v. Union of India decriminalised adultery by striking down Section 497 of the IPC. As of 2025, affairs are treated as civil matters. They mainly impact divorce and maintenance proceedings, not criminal trials. However, the ruling did not remove the legal consequences of infidelity.
- Divorce and Alimony
Adultery continues to be a strong ground for divorce under the Hindu Marriage Act, 1955, and the Special Marriage Act. Recent court rulings clarify how affairs impact financial rights:
- Maintenance Restrictions: Under Section 125(4) of the CrPC, a woman “living in adultery” is not entitled to maintenance. In 2025, the Chhattisgarh High Court denied maintenance to a wife divorced on proven grounds of adultery.
- One-Time Lapse vs. Continuous Adultery: The Patna High Court explained that a single mistake may not disqualify a spouse from maintenance. However, a continuous adulterous lifestyle will.
- Suing for Damages
In a precedent-setting 2025 ruling, the Delhi High Court allowed a spouse to sue their partner’s lover for civil damages. This ruling recognised “alienation of affection” as grounds for compensation. Therefore, the betrayed partner can now claim damages for emotional and financial harm caused by the third party.
- Void Marriages and Maintenance
In February 2025, the Supreme Court ruled that even if a marriage is declared void, a spouse may still claim permanent alimony under Section 25 of the Hindu Marriage Act. The court emphasised that conduct and circumstances matter more than technical marital status.
Spotting the Warning Signs of Infidelity
Recognising early signs can help address issues before they cause permanent damage. Watch for:
- Increased secrecy: hidden passwords, secret calls, or guarded phone use.
- Emotional withdrawal: becoming distant and less engaged in family life.
- Sudden lifestyle changes: frequent late nights, weekend trips, or unexplained absences.
- Defensiveness: overreacting or changing the topic when asked simple questions.
These behaviours may not prove an affair but serve as warning signals that trust is weakening.
Steps to Heal and Seek Justice
Recovering from betrayal requires both courage and strategy. Here’s how to move forward:
- Open Communication
Start with “I” statements to express your pain without blame. For example, say “I feel hurt when…” instead of “You always…”. This approach reduces defensiveness and encourages honesty.
- Seek Professional Help
Therapists and counsellors can provide tools for coping with infidelity. Couples counselling for infidelity can also help rebuild trust after cheating.
- Document Everything
If you expect legal proceedings, keep records of chats, emails, or suspicious financial transactions. However, avoid illegal methods of collecting evidence, since courts may reject them.
- Consult a Legal Expert
Every case is unique. A qualified family lawyer can explain your rights on divorce, custody, and alimony under current Indian law.
- Focus on Healing
Whether you choose reconciliation or separation, healing is essential. Build a strong support system, practice self-care, and work toward reclaiming your independence.
Conclusion
The impact of affairs on trust is profound, touching both hearts and courtrooms. In India, adultery may no longer be a crime, but it continues to affect marriages through divorce, maintenance, and even civil damages. By learning the legal realities, recognising red flags, and seeking both emotional and legal support, you can protect yourself and begin the journey toward recovery.
If you are struggling with betrayal, the team at LawCrust is ready to provide expert legal guidance adapted to your needs.
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