A marriage bond’s soul is commitment. Marriage has traditionally been regarded as religious in a wide range of religions. It would not only be ethically reprehensible but also against the law of religion to violate a marriage by having an extramarital affair. But in this piece, we’re just interested in the legal options open to a spouse whose wife or husband has cheated on them. As the weight of proof will be on you in this case, it is crucial to prepare and gather the evidence before you take any action. Furthermore, you risk getting into even more problems if you can’t support your claims. You can take the help of committed advocates such as Neha Batra located in Delhi. You can also get in touch with her via her website, advnehabatra.com.
Some things to keep in mind:
Legal separation or divorce cannot be granted for any reason other than a sexual encounter.
Contrary to previous legal precedent, which required adultery to be shown beyond a reasonable doubt, the Supreme Court has ruled in the case of Dastane v. Dastane that proof beyond a reasonable doubt is only necessary in criminal cases and not in civil matters, particularly those involving matrimony.
In your lawsuit against your husband, you must always name the cheater as a co-respondent. Failure to do so could lead to the dismissal of your lawsuit. Regarding this, several courts have reached differing conclusions. But it’s preferable to err on the side of caution.
You forfeit your right to a divorce or judicial separation if you support your unfaithful spouse’s behavior and they thereafter refrain from engaging in adultery.
How do Hindu marriage acts to deal with such situations?
Both the Hindu Marriage Act (HMA) under Section 13(1)(i) and the Special Marriage Act (SMA) under Section 27(1)(a) have very specifically stated that any marriage may be dissolved by a divorce upon the filing of a petition by you on the grounds that your husband or wife has, after the solemnization of the marriage, engaged in voluntary sexual activity with any other person besides you.
Court Separation
If you don’t want a divorce, you can ask the court for a decree of judicial separation based on the adultery your spouse or partner committed. You won’t have to live with your husband any longer once you’ve obtained the divorce. This will allow you some time to consider your options and determine whether you want to get a divorce. Either you or your spouse may submit a petition for the dissolution of the marriage if you fail to cohabit with your spouse within a year.
Conclusion: Indian laws fail to protect men as well as they protect women. It can be seen in this field as well. Women are entitled to more wrongdoings and not being punished than men can ever imagine. Nevertheless, if your spouse is cheating on you, you cannot count it in cruelty unless it’s to an extent that it leads to suicide or mental torcher. You can definitely file for divorce on the grounds of your spouse being unfaithful. Divorce laws are complicated and it is advised one take legal action only after understanding it with the help of advocates.
