Extra marital affairs law in india 2022

This article is written by Rishabh Pandey from Guru Gobind Singh Indraprastha University, New Delhi. Introduction Commitment is the soul of a matrimonial bond. In a diversity of religions, marriage has always been given a pious position. To dishonor the relationship of a marriage, by being involved in an affair outside the marriage would not only be religiously wrong but morally as well. However, our concern in this article is limited to the legal remedies available to a spouse, if his or her wife or husband is having an extramarital affair. In such a situation, preparation and collection of evidence before you take any step is very important, as the burden of proof will fall upon you. Moreover, if you fail to prove your case, you may find yourself in more trouble than you already were. For example, a divorce case claiming cruelty may be filed against you by your spouse. In case the spouse is wife, the husband may find himself embroiled in a number of false criminal cases for dowry and domestic violence. The person with whom you alleged the affair is happening or adultery has been committed may file a defamation case against you. What Counts as Evidence Against Your Spouse Who is Having an Extra Marital Affair or Committing Adultery Evidence that can be used by you are: • Birth of an illegitimate child • Contraction of a venereal disease by the unfaithful spouse • Witnesses, photographs and videos (solely for the purpose of evidence, without violating any law of the land a...

In a significant judgment, Madras High Court noted that extramarital affairs can cause grave mental trauma and also mental health issues leading to serious consequences in a marriage, which in turn, would amount to mental cruelty under Section 498A of Indian Penal Code. The observations were made by Justice D. Bharatha Chakravarty. Justice Chakravarthy upheld the conviction of a husband named Nakkeeran, alias Jeroan Pandi by a trial court in Tiruvannamalai district in November 2011. However, the bench reduced his sentence from two years to six months of rigorous imprisonment. While delivering the verdict, the bench clarified that the court has to consider the facts and circumstances in every such case where it is being decided whether a person’s conduct amounted to cruelty or not. The bench noted that evidence on record proves that the husband had an extramarital relationship which caused serious domestic discord and also mental cruelty to the wife which ultimately prompted the woman to leave her matrimonial house. Relying on the dictum in K.V. Prakash Babu vs State of Karnataka, the High Court bench noted, “This Court has to read the evidence of PW.1, PW.7 & PW.8 as a whole and a proper reading would convey the essence that cruelty, predominantly mental cruelty, was unleashed on PW.1 (Wife), on account of the extramarital affairs developed by the petitioner herein…But the perusal of the above dictum (K.V Prakash Babu’s case) would itself make it clear that the Court has t...

For many of us, marriage is the bond between two people who will remain faithful to their partner in good times and bad. But excess of options at the workplace, social-media platforms, and online dating sites are making Indians rethink the traditional approach to commitment. According to a survey conducted by Gleeden, an extra-marital dating app for married people, the number of people looking for a third party has increased. The app now has over 600,000 users aging between 34-49 years and the data they provide about extra Get Rid Of These Dating Profile Mistakes Everything in this world has become digital now. You can even find love by just one swipe of your finger. But some restrictions imposed by photo and character limits leave some of us at a bit of a loose end. According to The Independent, two Reddit users asked men and women to list the red flags they've seen on dating profiles. These are the seven mistakes people make while writing about themselves in a dating app bio: Who Likes a Narcissist? Bathroom Selfies Firstly, that flash is obscuring the torso/chest/face you're obviously desperate to show off. Secondly, you're clearly a bit of a narcissist/you don't get out much, hence the bathroom. Thirdly, don't think we can't see that there's a toilet in the background.

While speaking at a programme recently, I was startled by a statement made by one of the participants who said that the law itself has sanctioned extra-marital affairs. The person was obviously hinting at the recent Law does not and cannot authorize extramarital relations. What needs to be understood here is that morality and legality are two different things. What the society considers as immoral is not necessarily punishable by the state. Adultery is a gender-neutral term and the act of adultery can be committed by both men as well as women. Even otherwise it takes two to tango, so why the liability should be fixed on only one. The provision in question (Section 497) punished only the man as he was perceived as a predator and seducer whereas the woman was not punishable even as an abettor. Societal norms decree monogamous behaviour among married couples and indiscretions are censured. Proving adultery as a crime in a court of law is extremely difficult as that would need proof beyond reasonable doubt of the parties complained against having actually committed sexual intercourse. So this provision served only as a tool for harassment. Some men are unhappy with the judgment because with 497 gone, people fear that their bloodline may be susceptible to contamination. Concern here is regarding the impact on Section 112 of the Indian Evidence Act which declares birth during marriages to be conclusive proof of legitimacy. The Apex Court in Sept 2018, declaring the provision cri...

Gujarat High Court: Ashok Kumar C. Joshi, J., denied granting child custody to father, wherein the mother was alleged to have extra-marital affairs. A petition was filed against an order of the Family Court by which the petitioner-applicant sought interim custody for his children, which came to be rejected by the Court’s Order. Analysis, Law and Decision High Court referred to the Supreme Court decision in S halini Shyam Shetty v. Rajendra Shankar Patil, (2010) 8 SCC 329, wherein the Court considered in detail the scope of interference by this Court to hold and observed that Article 227 can be invoked by the High Court Suo motu as a custodian of justice. An improper and a frequent exercise of this power would be counterproductive and will divest this extraordinary power of its strength and vitality. The power is discretionary and has to be exercised very sparingly on equitable principles. The Bench expressed that, the exercise of power under Article 227 of the Constitution of India should be with a view to keep the tribunals/Courts within the bounds of their authority, to ensure that law is followed by tribunals/Courts by exercising jurisdiction which is vested in them and/or when there has been a patent perversity in the orders of tribunals and Courts subordinate to it or where there has been a gross and manifest failure of justice or the basic principles of natural justice have been flouted. “Jurisdiction has to be very sparingly exercised.” A petition under Article 227 ...

By Express News Service HYDERABAD: While men are commonly thought to be the ones cheating on their wives after the latter gives birth, a new study assessing women infidelity dynamics has revealed that it’s in fact the modern-age moms who are much more likely to give in easily to temptations and start searching for a prospective lover when their husbands are no longer able to fulfill their expectations. The said study, commissioned by Gleeden – the first portal designed by women for extramarital encounters which has touched a user base of over 10 lakhs users in India – found out that about 48 per cent of Indian women who ventured into extra-marital sexual dalliance are mothers, who have now become wary of their partner’s incapability to sexually gratify them. As per the data, the women surveyed are in the age bracket of 30 to 60 years. They are well-educated (78 per cent) and well-placed professionally (74 per cent). Economic independence gives them a positive outlook towards life in general and towards themselves which they don’t want to waste in drudgery and dullness. Hence, they seek excitement and thrill. Quite interestingly, almost 76 per cent rate themselves high in terms of physical appearance and believe their spouses to be less attractive as compared to them. About 64 per cent claimed sexual dissatisfaction due to the complete absence of intercourse in their marital relationship (60 per cent) and disregard of their sexual pleasure from their partners (59 per cent)....

In fact, 48% of Indians believe that it is possible to be in love with two people at the same time, while 46% think that one can cheat on a person while still being in love with them. This is probably why Indians are ready to forgive their partners in case they found out about the affair--7% would forgive the partner without a second thought, while 40% would do so if the circumstances were extenuating. Similarly, they expect to be forgiven by their partner (69%). Gleeden, which arrived in India in April 2017, reported eight lakh subscribers in the country at last count. It hit a boom in membership after the 2018 Supreme Court judgment that decriminalised adultery and said the law was against right to equality and life. The judgment was also seen as a move against patriarchy and gender inequality. That said, the survey reported that divorce rate in India is the lowest in the world at 1%, where only 13 split of every 1,000 couples. 90% of Indian marriages are still fixed by families and only 5% of the couples marry for love. Further, 49% of married people in India confessed of having had an intimate relationship with someone other than their spouse, while almost 5 out of 10 have already indulged in casual sex (47%) or one-night stands (46%). Indian women are the most uninhibited towards infidelity--41% of them admitted of having had regular sexual intercourses with someone other than the spouse, against 26% men. 53% of Indian married women admitted having already had an inti...

In a significant judgment, Madras High Court noted that extramarital affairs can cause grave mental trauma and also mental health issues leading to serious consequences in a marriage, which in turn, would amount to mental cruelty under Section 498A of Indian Penal Code. The observations were made by Justice D. Bharatha Chakravarty. Justice Chakravarthy upheld the conviction of a husband named Nakkeeran, alias Jeroan Pandi by a trial court in Tiruvannamalai district in November 2011. However, the bench reduced his sentence from two years to six months of rigorous imprisonment. While delivering the verdict, the bench clarified that the court has to consider the facts and circumstances in every such case where it is being decided whether a person’s conduct amounted to cruelty or not. The bench noted that evidence on record proves that the husband had an extramarital relationship which caused serious domestic discord and also mental cruelty to the wife which ultimately prompted the woman to leave her matrimonial house. Relying on the dictum in K.V. Prakash Babu vs State of Karnataka, the High Court bench noted, “This Court has to read the evidence of PW.1, PW.7 & PW.8 as a whole and a proper reading would convey the essence that cruelty, predominantly mental cruelty, was unleashed on PW.1 (Wife), on account of the extramarital affairs developed by the petitioner herein…But the perusal of the above dictum (K.V Prakash Babu’s case) would itself make it clear that the Court has t...

This article is written by Rishabh Pandey from Guru Gobind Singh Indraprastha University, New Delhi. Introduction Commitment is the soul of a matrimonial bond. In a diversity of religions, marriage has always been given a pious position. To dishonor the relationship of a marriage, by being involved in an affair outside the marriage would not only be religiously wrong but morally as well. However, our concern in this article is limited to the legal remedies available to a spouse, if his or her wife or husband is having an extramarital affair. In such a situation, preparation and collection of evidence before you take any step is very important, as the burden of proof will fall upon you. Moreover, if you fail to prove your case, you may find yourself in more trouble than you already were. For example, a divorce case claiming cruelty may be filed against you by your spouse. In case the spouse is wife, the husband may find himself embroiled in a number of false criminal cases for dowry and domestic violence. The person with whom you alleged the affair is happening or adultery has been committed may file a defamation case against you. What Counts as Evidence Against Your Spouse Who is Having an Extra Marital Affair or Committing Adultery Evidence that can be used by you are: • Birth of an illegitimate child • Contraction of a venereal disease by the unfaithful spouse • Witnesses, photographs and videos (solely for the purpose of evidence, without violating any law of the land a...

In fact, 48% of Indians believe that it is possible to be in love with two people at the same time, while 46% think that one can cheat on a person while still being in love with them. This is probably why Indians are ready to forgive their partners in case they found out about the affair--7% would forgive the partner without a second thought, while 40% would do so if the circumstances were extenuating. Similarly, they expect to be forgiven by their partner (69%). Gleeden, which arrived in India in April 2017, reported eight lakh subscribers in the country at last count. It hit a boom in membership after the 2018 Supreme Court judgment that decriminalised adultery and said the law was against right to equality and life. The judgment was also seen as a move against patriarchy and gender inequality. That said, the survey reported that divorce rate in India is the lowest in the world at 1%, where only 13 split of every 1,000 couples. 90% of Indian marriages are still fixed by families and only 5% of the couples marry for love. Further, 49% of married people in India confessed of having had an intimate relationship with someone other than their spouse, while almost 5 out of 10 have already indulged in casual sex (47%) or one-night stands (46%). Indian women are the most uninhibited towards infidelity--41% of them admitted of having had regular sexual intercourses with someone other than the spouse, against 26% men. 53% of Indian married women admitted having already had an inti...