Adultery Laws in India – A Practical Guide for 2025

If you’re wondering whether adultery is still a crime in India, the short answer is no. The Supreme Court struck it down in 2018, calling the criminal provision unconstitutional. But that doesn’t mean adultery disappears from the legal picture – it stays a strong ground for divorce and can affect property settlements.

How the Law Works Today

After the 2018 decision, the Indian Penal Code no longer lists Section 497 as a punishable offense. So you can’t be jailed for having an affair. However, the Hindu Marriage Act, the Special Marriage Act, and other personal laws still treat adultery as a valid reason to end a marriage.

When one spouse files for divorce on the basis of adultery, the court looks for proof. Typical evidence includes photographs, messages, or a confession. If the court is convinced, it can grant a divorce without the usual waiting period, and the guilty partner may lose claims to alimony or shared property.

Impact on Divorce and Property

Adultery can speed up the divorce process. While a mutual‑consent divorce usually needs a one‑year separation, a contested divorce based on adultery can be decided faster, sometimes within a few months, because the fault is already established.

Financial consequences vary. In many cases, the “innocent” spouse gets a larger share of the marital assets, especially if the adulterous partner’s conduct is deemed “unconscionable.” Courts also weigh factors like the length of the marriage, contributions to the household, and the impact of the affair on the family.

One tricky situation is the “no‑fault” divorce option that appeared in recent drafts of family law reforms. If passed, it would let couples separate without proving any wrongdoing. Until then, adultery remains a powerful lever for those who want a fault‑based divorce.

So, what should you do if you suspect infidelity? First, gather any reliable evidence. Second, consult a family lawyer who can guide you through filing a petition under the relevant marriage act. Finally, be ready for a potentially emotional court battle – the law can protect your rights, but the process can be stressful.

Remember, while adultery isn’t a crime anymore, it still carries heavy legal weight in marriage disputes. Knowing the current rules helps you make informed decisions, whether you’re filing for divorce, protecting your assets, or simply understanding your rights.