When a woman or a man is in multiple relationships, even after marriage or has an extra marital affair or affairs, it can be cautious for the future of the respective couple. Literally, it refers to a person who is married and still dating someone else simultaneously. In the current scenario, many people tend to date others and cheat on their better halves without regretting for the same. In their opinion, it is fair and square to have an ‘extra marital affair’ or to date someone outside if he or she isn’t able to establish a so called husband-wife relationship with each other. Also, some of them do it even when they are already into a perfectly established lawful wedded relationship.
Women in India get maximum benefit and help from the Law and Judicial System. Therefore, women should not crouch under fear if they are exposed to adultery by their husbands. Even though adultery is not criminal offence but it is illegal and is a breach to your marriage vows. However, a husband will face legal consequences and may be punished and penalized for the act.
- Consult a lawyer:
A man or a woman who suspects or knows that their spouses are having an illegitimate extra marital affair must first consult a lawyer and tell them in detail about how they know and what they know. All dates, instances, circumstances that led to such discovery or suspicion must be revealed and discussed with the lawyer, so that the lawyer can understand the severity of the possibility of a possible affair and connect them with legal remedies for the client.
- Collection of Evidences:
In a case related to cheating or extra marital affair, it is very hard to catch someone red handed, in the act and thus direct evidences or direct links to evidences are almost hard to collect. Thus, Circumstantial evidences play a major role in such situations, such as:
- Circumstantial proof, where the husband has spent time alone in closed spaces with someone else.
- Evidence of birth of his children with someone else.
- Any venereal disease contracted by the spouse from someone else.
- Any proof of him visiting the house of the other woman
- Recordings of admission and confession by the husband
- Witnesses, recordings, photographs, videos (in connivance to the provisions of the Indian Laws)
- Clear association with the other party, etc.
Evidences such as mentioned above are not direct evidence. They are individually not sufficient to make someone look guilty of cheating or having an extra marital affair, but when presented together with facts and situations, they lead to the irresistible conclusion of the commission of adultery or the act of extra marital affair.
What is Adultery?
Adultery, basically means to have an extra marital affair with some other person who is not your spouse. Earlier, adultery was mentioned in the Indian Penal Code, making adultery a crime. Thus, any person who committed the act of adultery, could be jailed or pay a hefty amount of compensation. But, in 2018, The supreme Court through a judgement, declared the law of adultery illegal and removed it on the ground that it was discriminatory towards women and gave the autonomy of women to their husbands.
Now the main question arises, what to do if adultery is not a crime? How to get justice for yourself in the Court of law?
The answer is through divorce.
How to get divorce if my partner is cheating on me?
Even though adultery is no more a crime, a person can still approach the court of law and plead for divorce on the ground of adultery.
Any person, who has been proved to commit the act of adultery, can be held responsible and thus, the court can grant a divorce to the couple and award necessary damages and maintenance to the aggrieved person.
Almost every ancient religion scripture has condemned the act of adultery and punished the adulterer/adulteress with serious consequences, even death in some.
Thus, every religion has some or other provision of adultery under divorce.
Can I get divorce and maintenance if my husband is having an affair?
Adultery under the Hindu Marriage Act defines adultery as an act where a married person voluntary has physical, sexual relations with another person who is not their spouse, outside of the pious wedlock. This particular act is a valid ground for divorce and judicial separation under the Hindu Marriage Act.
Section 10 of this act further talks about that only the act of voluntary sexual relations shall amount to the act of adultery and not other acts such as caressing or other intimate acts. Also, even a single isolated act of adultery shall make the person liable and thus the spouse shall be entitled to a divorce.
As for the alimony and maintenance, the law states that a wife is entitled to alimony and maintenance in the event of a divorce. However, if the wife is the adulteress in question, then the wife shall not be eligible to receive alimony or maintenance.
How can G.S. Bagga & Associates help you?
Greetings! Marriages are a pious institution and blatant disregard of this institution by committing the act of adultery is a clear ground for both the spouses to get a judicial divorce. In such situations, lawyers play a major role in protecting your interest. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.