Adultery as a ground of divorce and not a criminal offence – a study in the light of significant judicial decisions

Abstract

Marriage is a legally and socially recognized union of two people that creates rights and obligations between those persons. Divorce signifies the termination of marital bond. Adultery i.e., voluntary sexual intercourse is one of the important and significant grounds of divorce. Adultery is not only a matrimonial offence but it is a criminal offence also. A high standard of proof is required in order to satisfy the court that the offence has actually committed. In some occasion, judiciary decided without the proof of sexual cohabitation, the offence cannot be established.  The petitioner’s condonation or connivance of adultery disentitles him to decree of divorce, even if such condonation is for the sake of dignity of the family. The SC held that adultery is not a crime and struck off Sec. 497 of IPC. Perhaps it would be the best practice for the welfare of the children and to preserve the family.