Adultery, once a criminal offense in India, has undergone significant legal transformation. In 2018, the Supreme Court decriminalized adultery by striking down Section 497 of the Indian Penal Code (IPC), which had previously made it a punishable offense for men engaging in extramarital relations with married women without their husband’s consent. The court ruled the law unconstitutional, citing its discriminatory nature and violation of equality rights. However, while adultery is no longer a criminal offense, it remains relevant in civil law, particularly in matters such as divorce, maintenance, and disciplinary actions in the armed forces.
Even after its decriminalization, adultery continues to be a valid legal ground for divorce under the Hindu Marriage Act (HMA) and the Special Marriage Act (SMA). Courts require evidence of voluntary sexual intercourse to establish adultery, and past judgments have clarified that partial penetration is necessary for legal recognition. Adultery also plays a role in maintenance disputes, as under Section 125(4) of the Criminal Procedure Code (CrPC), a wife may lose her right to maintenance if proven to be living in adultery. However, courts have set strict standards for proving adultery, emphasizing that mere allegations or emotional affairs are insufficient to deny maintenance.
A recent Supreme Court ruling further clarified maintenance laws, stating that a woman who is separated from her husband but not formally divorced can still claim maintenance, even after her husband remarries. This decision reinforced that legal separation does not automatically imply bigamy and ensures financial support for women facing marital discord. While adultery is no longer a criminal act, its civil implications continue to shape family law, affecting divorce proceedings, financial support rulings, and disciplinary measures in certain professions.
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