Adultery and Divorce under Hindu Marriage Act
- Blog|Indian Acts|
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- 2 Min Read
- By Taxmann
- Last Updated on 30 December, 2021
Adultery under Hindu Marriage Act 1955:
Adultery means when a man or a woman who is married as per Hindu Marriage Act 1955 has voluntary sexual intercourse outside the lawful wedlock and this is considered a valid ground for judicial separation and divorce under the Hindu Marriage Act, 1955. Under Section 10 of the Hindu Marriage Act 1955, even a single or isolated act of adultery will entitle other party to seek judicial separation from his partner. Only sexual intercourse with a person other than his or her spouse constitutes adultery, mere caresses, or other acts of intimacy with any other person does not amount to adultery. If first marriage is considered void and a man marries second time but continues his sexual relationships with his first wife, then as per Section 13 of Hindu Marriage Act, 1955, second wife can file and obtain divorce under the Hindu Marriage Act, 1955.
Adultery, as a rule, is proved by, based upon any one or more proofs as below –
- Circumstantial evidence
- Evidence of non-access and birth of children
- Contracting of venereal diseases
- Evidence of visits to houses of ill repute
- Decrees and admissions of parties which should generally be corroborated
- Adultery proved with one person is not exceptional depravity.
- Adultery aggravated by the desertion of wife or cruelty to wife would constitute exceptional hardship to the wife.
- Wife having a child by adultery.
- Husband’s adultery promiscuously with another woman.
- Husband committing adultery soon after marriage.
- Sexual intercourse with the wife’s sister or servant of the house.
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