Infidelity in India: Legal Facts, Divorce Impact & What to Do

If you suspect your partner has been unfaithful, the first thoughts are usually about emotions, not law. But in India, infidelity can have real legal consequences, especially when you decide to end the marriage. Knowing the basics can save you time, money, and stress.

What the law says about adultery

Adultery used to be a criminal offense under Section 497 of the Indian Penal Code, but the Supreme Court struck it down in 2018. Today, adultery is a civil matter, not a crime. That means you can’t be arrested for it, but you can still bring it up in a divorce case as a reason for filing.

When a spouse files for divorce on the ground of adultery, the court looks at evidence like photographs, messages, or a confession. The burden of proof lies with the accusing spouse, so gathering solid proof is crucial.

How infidelity affects divorce and alimony

In a contested divorce, showing adultery can help you get a faster decree. Courts may also consider infidelity when deciding alimony and property division. While the law doesn’t automatically penalize the guilty partner, judges often adjust financial settlements to reflect misconduct.

If you’re the innocent spouse, you can ask the court for a higher alimony amount or a larger share of assets. The rationale is that the guilty party’s behavior caused emotional and financial strain, so they should bear a bigger share of the burden.

On the flip side, if you’re the one accused, you can defend yourself by proving the allegations are false or that the evidence is insufficient. A clean record and proof of good conduct can help you keep a fair settlement.

Keep in mind that every case is unique. Factors like the length of marriage, children's welfare, and the financial standing of both parties influence the final outcome. A seasoned family lawyer can guide you through the nuances and help you present a strong case.

Beyond court, many couples opt for mediation or mutual consent divorce to avoid a prolonged battle. If both parties agree that the marriage is over, infidelity may not need to be proved, and you can split assets and decide custody without a heated courtroom drama.

In summary, while infidelity is no longer a criminal offense in India, it still plays a big role in divorce proceedings. Knowing your rights, collecting proper evidence, and consulting an experienced advocate are the best ways to protect yourself.

Need help finding a lawyer who specializes in family law and infidelity cases? Use India Legal Guide’s directory to locate a qualified advocate near you and start the process with confidence.