QnACategory: QuestionsDespite India’s harsh divorce rules, how can one get rid of an unfaithful spouse?
AvatarRahul Jalan asked 7 months ago
1 Answers
Saajan Singh AwalSaajan Singh Awal Staff answered 7 months ago

I believe that India's divorce laws are not harsh, as suggested by the question. I believe that their justifications are valid, but they need to adapt and progress with changing circumstances. In contemporary society, the institution of marriage is facing significant challenges due to evolving social standards. One particular legal difficulty lies in the prevention of adultery, particularly in a country where marriage is held as sacrosanct.

Contrary to the aforementioned, the Supreme Court's 2018 verdict has decriminalized adultery under Indian law. The court emphasized that while adultery may serve as a basis for divorce according to civil regulations, it should not be regarded as criminal conduct subject to legal punishment.

However, Adultery is a legal basis for divorce in personal laws, such as the Hindu Marriage Act, Muslim personal laws, the Special Marriage Act, and other marriage acts that apply to other religious communities. Adultery committed by one spouse can serve as a legal basis for pursuing divorce according to these civil statutes.

Nevertheless, the act is no longer subject to criminal prosecution under the Indian Penal Code following the ruling of the Supreme Court.