The Painful Reality: Why Do Extramarital Affairs Happen?

Extramarital affairs can stem from various factors, including:

• Lack of emotional intimacy in the marriage.
• Unmet needs for affection, communication, or sexual fulfillment.
• Unresolved conflicts that create distance between partners.
• Life transitions such as job changes, children leaving home, or midlife crises.

Understanding the root cause of the affair is crucial for both partners to heal and move forward.

Recognising the Impact of an Extramarital Affair

• Emotional Turmoil

Discovering an extramarital affair can lead to intense emotional pain, including feelings of betrayal, anger, and sadness. This emotional upheaval can affect both partners and create a significant strain on the relationship.

• Trust Issues

Trust is the cornerstone of any healthy relationship. An affair can severely damage trust, making it challenging to rebuild the connection.

• Legal Consequences

In India, extramarital affairs can have significant legal implications, especially in divorce proceedings. Adultery can be cited as a ground for divorce under the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Indian Divorce Act, 1869. The Supreme Court’s judgment in the case of Joseph Shine vs. Union of India decriminalised adultery but acknowledged its impact on marriage.

Can You Rebuild? Steps Toward Recovery from Infidelity

Recovering from an extramarital affair requires a commitment from both partners. Here are some initial steps:

• Open Communication

Address the issue openly with your partner. Honest communication about the affair, its causes, and its impact is crucial for rebuilding trust.

• Seek Counseling

Consider extramarital affair counseling from a qualified therapist. They can provide a neutral space for both partners to express their feelings and work through the trauma. Counseling can help identify underlying issues and develop strategies for moving forward.

• Rebuild Trust

Rebuilding trust requires time, effort, and consistency. Both partners need to commit to transparency, honesty, and patience throughout the recovery process.

• Set Boundaries

Establish clear boundaries to prevent future infidelity. This includes agreeing on acceptable behaviors, addressing triggers, and maintaining open communication.

Legal Considerations in India (2024)

While extramarital affairs are not illegal in India, they can have legal implications in certain situations:

• Grounds for Divorce: Adultery is considered a valid ground for divorce under the Special Marriage Act, 1954, the Hindu Marriage Act, 1955, and the Indian Divorce Act, 1869.
• Financial Settlements: In a divorce case, the spouse who committed adultery may be liable to pay less alimony or a smaller share of marital assets.
• Landmark Judgment: In 2023, the Supreme Court of India, in the case of Mythili Sebastian vs. Sijo Thomas, clarified that a wife is entitled to maintenance from her estranged husband even if she had an extramarital affair, provided she was not living in an adulterous relationship at the time of separation.

Remember, legal advice is crucial when navigating the complexities of divorce or other legal issues arising from an extramarital affair.

Finding Hope: The Long Road to Healing

Recovery from infidelity takes time. The betrayed spouse may experience a range of emotions, including anger, sadness, and insecurity. Patience, empathy, and a willingness to forgive are essential for both partners.

Here are some additional tips for healing:

• Focus on Forgiveness: Forgiveness is not condoning the affair; it’s about letting go of resentment and anger for your emotional well-being.
• Rebuild Intimacy: Reconnecting emotionally and physically is crucial. Prioritise quality time together and work on strengthening your bond.
• Individual Therapy: Individual therapy can help each partner process their emotions and develop coping mechanisms.

Remember, you are not alone. Many couples have successfully navigated the challenges of infidelity and emerged stronger.

Outlook: A Renewed Relationship Awaits

The road to recovery from infidelity is long and arduous, but it can also be a transformative journey. By working together and seeking professional help, couples can rebuild trust, communication, and intimacy. With time and commitment, a stronger and more fulfilling relationship is possible.

LawCrust Can Help

If you are dealing with the trauma of an extramarital affair, LawCrust Legal Consulting Services can be your guiding light. Our team of experienced lawyers can provide legal advice and support throughout the process, whether you are considering divorce, mediation, or simply seeking guidance on your rights.

LawCrust Legal Consulting Services, a subsidiary of LawCrust Global Consulting Ltd, stands tall as a prominent legal consulting firm in Mumbai and across India. We specialise in a wide range of legal services, including property dispute resolution, Litigation Finance, Mergers & Acquisitions, Hybrid Consulting Services, Startup Solutions, Litigation Management, Legal Protect

Don’t hesitate to Call Now for a consultation: +91 8097842911 or email us at bo@lawcrust.com.

Remember, LawCrust is here to help you navigate this difficult time and move towards a brighter future.