Adultery as a Cause for Divorce Case

Divorce rate in India is fast on the rise. Divorce lawyers in Chandigarh are having a heyday due to increased practice.

Divorce in India is of two types: mutual consent and contested. As the name suggest, the former is a mutually agreed upon, mostly amicable settlement of divorce with all details like child custody and maintenance agreed upon, between the divorcing spouses.

But more common is a contested divorce, which is based on grounds like Adultery, Cruelty, Desertion, Conversion, Mental illness, Schizophrenia, incurable leprosy, venereal disease, joining a religious order, presumption of death, noncompliance of a judicial separation decree or a restitution of conjugal rights.

With regard to contesting a divorce on the basis of adultery in the court, one must seek the help of an advocate for divorce.

Under clause i of sub sec 1 of section 13, either party may submit a petition for divorce. In the old S 1 (i), the term ‘living in adultery’ is used, which means a continuous spell of adulterous life as different from one or few lapses of adultery.

It is not likely to lay down a hard and fast rule as each case has its own uniqueness and merit. But the expression- ‘living in adultery’ means that a single act of infidelity even if true will not be sufficient grounds for divorce. One must establish that the respondent was actually living in adultery with someone at the time of filing of petition. Thus, a difference is established between living in adultery and leading a chaste life. Under the old law, a single sexual act did not constitute a ground for divorce but only for judicial separation.

After the beginning of the Marriage Laws (Amendment Act) 1976, even a single voluntary sexual act by either party committed with someone other than the spouse will act as sufficient ground for divorce contested by the other spouse. Divorce procedure in Chandigarh follows this precept.

In the case of adultery, it is difficult to collect proof and one has to depend on circumstantial evidence. The burden of proof for establishing adultery is on the party who makes the allegation. General proof of ill-repute of the husband, the lewd company he keeps and his association with prostitutes cannot prove adultery.

As a general rule, lawyers for divorce use proof based on-

1. Circumstantial evidence

2. Evidence of no access and birth of children

3. Contraction of venereal disease

4. Evidence of visits to places of ill repute

5. Admissions made in former proceedings

6. Confession and admission by the accused party

Instances of adultery:

Following cases of adultery have been upheld by the law-

• Spouse has been regularly absenting herself/ himself from home and seen in company of stranger to the family without any valid explanation.

• Husband or wife and unrelated person found in physical juxtaposition in a bedroom in the night.

• Child born past the period of twelve months after cessation of conjugal relations between spouses.

• Letters of paramour indicating an illicit relationship.

• Letters of admission of adultery.

• Testimony of disinterested witnesses on having seen a spouse sleeping with someone else.

• Admission of single, voluntary adulterous sexual act by a spouse.

• Hotel bills to prove illicit relationship.

A good divorce lawyer will lead you through the minefield of divorce contested on grounds of adultery. A mutual consent divorce advocate will help you find an amicable and less embarrassing settlement before the case reaches the court.