The Special Marriage Act, 1954 recognizes adultery as the valid ground for divorce. The act recognizes adultery itself as an offence and no additional offence has to be proved in order to obtain a decree of divorce or judicial separation
Chand Patel/Appellant was married to Mustaq Bee. With the consent of his wife, he married to her sister, Bismillah Begum/Respondent No.1 in 1993, and had a daughter from her, Tehman bano/ Respondent No.2 in 1995.