Adultery in India: No Longer a Punishable Crime, but a Strong Ground for Divorce

In a landmark judgment, the Supreme Court of India struck down Section 497 of the Indian
Penal Code (IPC) in 2018, decriminalizing adultery. This move marked a significant shift in
the country’s approach to dealing with marital infidelity. While adultery is no longer a
punishable crime in India, it remains a strong ground for filing a divorce petition.
The Journey to Decriminalization

Section 497 of the IPC, which was enacted in 1860, made adultery a criminal offense
punishable with up to five years of imprisonment. However, the law was criticized for being
discriminatory towards women and perpetuating a patriarchal mindset.

In 2018, the Supreme Court of India, in the case of Joseph Shine vs. Union of India, struck
down Section 497, holding that it was unconstitutional and violated the right to equality
and dignity.

Adultery as a Ground for Divorce

While adultery is no longer a punishable crime, it remains a strong ground for filing a
divorce petition under the Hindu Marriage Act, 1955, and other personal laws.

The Supreme Court has consistently held that adultery is a valid ground for divorce, as it
causes irreparable damage to the marriage. In the case of Narayan Ganesh Dastane vs. Sucheta Narayan Dastane, the court held that adultery is a serious matrimonial offense
that can lead to the breakdown of the marriage.

Recent Supreme Court Judgments

In recent years, the Supreme Court has reaffirmed the position that adultery is a valid
ground for divorce. Some notable judgments include: – Raj Talreja vs. Kavita Talreja: The court held that adultery is a serious matrimonial offense that can lead to the breakdown of the marriage. – Rahul Kumar vs. Priyanka: The court held that adultery is a valid ground for divorce, even if the husband is not able to prove the exact dates and times of the adulterous acts.

Conclusion

In conclusion, while adultery is no longer a punishable crime in India, it remains a strong
ground for filing a divorce petition. The Supreme Court has consistently held that adultery
is a valid ground for divorce, as it causes irreparable damage to the marriage. If you are
seeking a divorce on the grounds of adultery, it is essential to consult with a Barristergram
who can guide you through the process.