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Adultery as a Legal Ground for Divorce under Hindu Law

Adultery remains a significant ground for divorce under the Hindu Marriage Act, 1955, where a spouse can seek divorce if the other engages in voluntary sexual intercourse outside the marriage. Although adultery is no longer a criminal offense following the landmark Joseph Shine v. Union of India jud

Anish Sinha
Anish Sinha
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Introduction

In India, divorce laws are governed primarily by personal laws based on religion, as well as the Special Marriage Act, 1954, which applies to civil marriages. Hindu marriages are governed by the Hindu Marriage Act, 1955, while Muslim, Christian, and Parsi divorces are regulated by their respective religious laws. Under the Hindu Marriage Act, 1955, Section 13 enumerates various grounds for divorce, including adultery, cruelty, desertion, and more. Adultery is explicitly recognized as a ground for divorce under Section 13(1)(i), which allows a spouse to seek divorce if the other has had voluntary sexual intercourse with someone other than their spouse. Similarly, the Indian Divorce Act, 1869, applicable to Christians, also recognizes adultery under Section 10.

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Anish Sinha
Written by Anish Sinha
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