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 Adultery Law in India
Adultery is the act of indulging in any type of consensual physical relationship with a person other than the spouse. An adulterous relationship is established between two individuals who are not married to each other. Since this correlation is voluntary, it can also be termed as an extra marital affair or infidelity towards one’s partner. While the legal definition of adultery may vary from country to country but it is considered as a crime and a punishable offence by almost all religions. It is also regarded as one of the major reasons for divorce by almost all jurisdictions.
Adultery has a reasonably recognized meaning in the marital laws and is considered a valid ground for applying for divorce if either partner breaches the marital vows and commits an act of infidelity. Marriage is a highly regarded institution and is both a sacrament and a civil contract & infidelity in marriage is definitely a sin. Adultery is considered as an offence against marriage by both the Penal law and the Matrimonial law in India and anyone committing an adulterous act can be punished under law.

Adultery is counted as a criminal offence and has been placed under chapter XX that deals with offenses relating to marriage. While filing for a divorce on grounds of adultery, substantial evidences are required to establish it. The grieved party needs to gather significant proofs in support of his/her case to prove infidelity by his/her spouse. This can be done with the help of a detective agency which may gather information and photographs which may help the grieved party to prove his/her spouse’s adulterous act. The evidences must be significant and related to places and dates where the adulterous party and co-respondent may have met in isolation.

Punishment for Adultery under section 494 Ipc in India.
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
 
 

 

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