Recognising the traits of a cheating partner helps spot infidelity, confront them, and start recovery from betrayal.
Infidelity can be painful and confusing. Recognising the signs early and understanding the legal framework in India can help you handle the situation with clarity. Let’s explore the key traits of a cheating partner and the updated legal context in 2025.
Recognising the Traits of a Cheating Partner
A partner involved in an extramarital affair often shows certain behavioural patterns. Although some signs may point to other relationship issues, when several appear together, they can strongly indicate infidelity.
- Secrecy and Deception
Often, cheating partners hide their actions. For instance, they may guard their phone, change passwords, or use private browsing. Additionally, they might become defensive or angry when asked about their activities.
- Emotional Detachment
They may also withdraw emotionally. As a result, meaningful conversations become rare, affection decreases, and their emotional energy is directed elsewhere.
- Frequent Absences
Unexplained absences, late work hours, sudden trips, or more time spent with “friends” can signal an affair. Moreover, unusual bills or increased car mileage are warning signs to watch.
- Changes in Appearance and Grooming
A sudden focus on appearance such as buying new clothes or using different perfumes often indicates an attempt to impress someone else.
- Communication Shifts
Furthermore, being overly critical, evasive, or argumentative over small matters can reflect guilt or stress from infidelity.
Legal Implications of Adultery in India (2025)
Although the legal framework around adultery in India has changed, it still carries serious consequences, particularly in civil matters such as divorce.
- Decriminalisation of Adultery
In the landmark 2018 case, Joseph Shine v. Union of India, the Supreme Court decriminalised adultery by striking down Section 497 of the IPC. The court called the law archaic and unconstitutional, as it treated women as property. Adultery is no longer a criminal offence for the general public, though military personnel remain bound by specific rules.
- Adultery as a Ground for Divorce
Adultery is still a valid ground for divorce under acts like the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. Evidence of voluntary sexual intercourse outside marriage is required. Courts have clarified that mere suspicion or emotional closeness without proof is insufficient.
- Civil Remedies for Interference
Criminal action against an affair partner is not possible, but civil remedies may exist. The Delhi High Court confirmed that adultery’s decriminalisation does not allow extramarital relationships without consequences. A spouse can file for compensation under “alienation of affection” or tortious interference. Courts acknowledge the emotional and marital harm caused by such relationships.
Your Next Steps: Navigating a Suspected Affair
If you suspect cheating, approach the situation carefully:
Gather Information
You don’t need to investigate like a private detective. Simple evidence, like unusual charges or text messages, can provide clarity. This may help if legal action becomes necessary.
Seek Professional Help
A therapist can help you process emotions and decide your next move. For couples willing to try, counselling can guide the rebuilding of trust.
Know Your Legal Rights
Consult a lawyer experienced in family law and the latest legal updates in India. They can advise on divorce, child custody, and alimony. Firms like LawCrust specialise in family disputes and offer expert guidance.
Conclusion
Discovering an affair is challenging, but it can also be a turning point. Understanding the traits of a cheating partner and the legal landscape in India empowers you to make informed choices whether to reconcile or move forward.
Frequently Asked Questions
Q1. Is adultery still a ground for divorce in India?
Yes, adultery remains a valid ground for divorce under various personal laws, confirmed by courts in 2025.
Q2. Can I sue the person my partner had an affair with?
While you can’t file criminal charges, you may have grounds for a civil lawsuit seeking compensation for damages, as recent court rulings have indicated.
Q3. How does infidelity affect a divorce settlement?
Adultery can influence court decisions regarding alimony and child custody, with courts often considering it a factor in determining financial settlements.
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