Adultery is considered as a ground for divorce under Hindu marriage act 1955, under the Indian Divorce Act 1869. Adultery is a voluntary sexual connection between two persons of opposite sex who are not married to each other but of whom one at least is married to a third person. Personal laws all over the world are against adultery and it can be considered as a ground for divorce. To file divorce on the basis of adultery it is important that there should be an act of sexual intercourse outside the marriage and that should be voluntary. You can also consult a Divorce Lawyer to get a brief knowledge about that.
Adultery as a ground for divorce in India has been defined under Section 13(1) of the Hindu Marriage Act, 1955, as the act of having voluntary sexual intercourse with a person who is not the partner of the respondent. Hence, it is important for the petitioner to prove that she/he was married to the said respondent and that the respondent had voluntary sexual intercourse with a person other than him/her. Also, the spouse who wants to file a divorce has to prove the statements with proper evidence. This can be done after consulting the Divorce specialist lawyer in Delhi.
Before the enactment of the Marriage Laws, 1976, adultery was treated as an act of grave immorality; however, it was not a ground for divorce. After the 1976 Amendment, it got included as a ground for judicial separation and divorce.
Section 10 of the Hindu Marriage Act, 1995 explains adultery as a ground for judicial separation. The provision states that the parties to a marriage may file for a decree of a judicial separation under any of the grounds mentioned in Section 13(1).
We can provide you the Top divorce lawyer in Delhi who can guide you for the complete procedure to take divorce on the basis of adultery as a ground. Adultery has always been discouraged throughout the world. In India, till 1976, a petition for divorce on the grounds of adultery was filed only when the spouse was ‘living in adultery’, but now a petition can be filed on the grounds of adultery even when there has been only one instance of voluntary sexual intercourse outside the marriage.