Adultery in India – The Legal Basics Every Couple Should Know

Adultery shows up a lot in news headlines and family arguments, but most people aren’t sure what the law actually says. In India the rules have changed over the years, and the impact on divorce, alimony and property can be confusing. This guide breaks down the current legal position, explains how adultery can affect your case, and gives you clear steps to protect your rights.

Is Adultery Still a Crime?

Back in 2018 the Supreme Court struck down Section 497 of the IPC, which made adultery a criminal offense. That means you can’t be arrested or jailed just for cheating. However, the court also said the decision doesn’t erase the fact that adultery can be a ground for civil actions, especially in marriage disputes. So while you won’t face a criminal trial, the act can still influence divorce proceedings and settlement negotiations.

How Adultery Affects Divorce and Property Settlement

When a spouse files for divorce, Indian family law allows several grounds – cruelty, desertion, and yes, adultery. If you can prove the other partner cheated, the court may see it as a sign of cruelty, which can speed up the process. In a mutual‑consent divorce, adultery doesn’t matter, but in contested cases it can tilt the balance.

Alimony and property division are also linked to misconduct. Judges can reduce or deny maintenance if the cheating spouse can show that the other party’s behavior caused the breakdown. However, the Supreme Court has cautioned against using adultery as a tool to punish the other side unfairly. Each case is judged on its own facts, and the court looks for real financial need, not just moral blame.

Proving adultery usually requires solid evidence – phone records, email exchanges, photographs, or a private investigator’s report. The evidence must be obtained legally; anything recorded without consent can be dismissed. Courts prefer direct proof (like a video) over indirect signs (like a changed routine). If you have credible proof, you can file an affidavit along with your divorce petition.

If you’re the aggrieved spouse, start by gathering any communication that shows the affair. Talk to a family lawyer early so they can advise on how to present the evidence without violating privacy laws. A lawyer can also help you negotiate a settlement that considers any financial losses you suffered because of the affair, such as medical expenses or counseling.

For the accused spouse, the best defense is to challenge the admissibility of the evidence and argue that the affair, even if true, doesn’t automatically justify denial of alimony. The court may still order support if you have a steady income and the other partner needs it.

Bottom line: adultery is no longer a crime in India, but it still matters in family courts. Knowing the current legal stance, collecting proper proof, and getting professional advice can make a big difference in the outcome of your divorce and financial settlement.