Extra-Marital Relations and It’s Impact on Children in India

Extra-marital relations have emerged as a significant topic in Indian society, affecting not just the individuals involved but also their families, particularly children. This article delves into the meaning of extra-marital relations, their legal implications in India, and the impact they have on children. It also discusses steps to handle such situations and provides insights into the broader societal perspective.

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What is an Extra-Marital Affair?

An extra-marital affair refers to a romantic or sexual relationship outside of marriage, typically conducted without the spouse’s knowledge or consent. While some may view it as a personal issue, it can lead to profound emotional and legal consequences.

Is Extra-Marital Affair Legal in India?

In 2018, the Supreme Court of India passed a landmark judgment in the case of Joseph Shine v. Union of India, declaring that extra-marital affairs are no longer a criminal offense. The court struck down Section 497 of the Indian Penal Code, which previously criminalised adultery. However, while decriminalised, extra-marital affairs remain a valid ground for divorce under Indian marriage laws such as the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.

Recent Judgment: Joseph Shine Case

The Supreme Court’s ruling in Joseph Shine v. Union of India (2018) was pivotal. The judgment recognised that treating adultery as a criminal act was unconstitutional. While this decision highlighted personal autonomy, it also acknowledged the emotional and social repercussions of extra-marital affairs, especially on children and family dynamics.

Impact on Children: The Silent Sufferers

Children are often the most affected in cases of extra-marital relations, facing emotional and psychological challenges that can impact them long-term. The primary effects include:

Emotional and Psychological Impact

Anxiety and Depression: Children may feel insecure and suffer from emotional distress due to a fractured family environment.
Behavioral Problems: Emotional turmoil can manifest as aggression or withdrawal.
Academic Performance: The stress of a disrupted home life often leads to a decline in academic focus and achievements.

Social Stigma and Self-Esteem Issues

In India, where traditional family values are emphasised, children may also face social stigma. They might feel embarrassed or isolated, impacting their self-esteem and social interactions.

Understanding the Causes of Extra-Marital Relations

Several factors contribute to the occurrence of extra-marital affairs:

Communication Breakdown: A lack of effective communication and emotional intimacy in marriage can drive partners apart.
Unmet Needs: If one partner feels that their emotional or physical needs are not being met, they may seek connection elsewhere.
Societal Pressures and Expectations: Unrealistic expectations and cultural norms about marriage can create dissatisfaction.

Coping with the Aftermath: Steps for Families

If faced with extra-marital relations, taking steps to support children and manage the emotional fallout is crucial.

Open Communication

Maintaining honest and age-appropriate communication with children is essential. Reassure them of both parents’ love and support, ensuring they feel safe to express their concerns.

Professional Counseling

Seeking help from family therapists or child psychologists can provide children and parents with the tools needed to process their emotions and develop healthy coping mechanisms.

Legal Guidance

Families dealing with the legal aspects of extra-marital relations should seek expert legal advice. Understanding one’s rights and responsibilities can make navigating divorce or custody proceedings more manageable.

Outlook: Approaching Extra-Marital Relations with Sensitivity

Extra-marital affairs can have a profound impact on families, especially children. While the emotional pain may be significant, fostering open dialogue, seeking professional help, and obtaining sound legal guidance can help mitigate these effects and pave the way toward healing and stability.

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