Indian Divorce Laws and Adultery

Section 10 of the Indian Divorce Act, 1869, provides the grounds on which a Christian marriage can be dissolved. Indian divorce laws include adultery. Adultery is one of the grounds for dissolution of marriage for Christians in India.

Indian Divorce Laws: What is Adultery?

To define adultery simply, it is an act of violation of the marital bed. A more precise definition of adultery is that it is the voluntary intercourse of a married person with another person other than the husband/wife.

Adultery can be proved either by direct or circumstantial evidence.

Indian Divorce Laws: Adultery as a Ground for Divorce

Indian divorce laws stipulate certain conditions to constitute an act of adultery. Here are the conditions to constitute adultery as a ground for divorce:

• It must be voluntary between the parties to the act.
• It must not have happened by force, rape, a state of intoxication or lack of clear understanding about the nature of the act.
• There should be no collusion, undue delay or condonation of adultery.

Indian Divorce Laws: Established Legal Principles on Adultery

Indian divorce laws are clear on adultery and its implications. Here are a few well established legal principles that constitute adultery as a ground for divorce:

• A single act of adultery is enough to give a solid cause to file for dissolution of marriage.
• Hearsay evidence is not permissible for proving adultery.
• If either spouse contracts a venereal disease long after marriage, the court can assume that it is sufficient prima facie proof of the affected spouse’s adultery. However, if it happens soon after marriage, this conclusion is not followed.
• If a married man is known to visit a prostitute or a brothel regularly, the court will assume that the offence of adultery has been committed.
• If a married woman visits a brothel or a place of ill-repute by herself, it will be deemed as sufficient proof of adultery.
• If there is any proof to indicate that the wife/husband has slept on the same bed as that of another person who is not the partner by marriage, it is sufficient proof of adultery.