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Adultery As A Ground For Divorce And Judicial Separation: A Study




Prof. J.S. Jakhar, Dean, Faculty of Law, Chaudhary Devi Lal University, Sirsa, Haryana

Sumit Kumar, Research Scholar, Department of Law, Chaudhary Devi Lal University, Sirsa, Haryana

ABSTRACT

Marriage is the voluntary union for life of one man and woman to the exclusions of all others. Both the husband and wife are expected to sustain this relationship with full devotion, love and care for each other for the lifetime. Unfortunately, when the union starts becoming an origin of misery, it ends up in either divorce or judicial separation. Indian legal system has specified various grounds in the form of matrimonial wrong for the dissolution of marriage. Generally, divorce and judicial separation is allowed by the court. Thus, in order to seek divorce, one has to prove that the other has committed a matrimonial wrong. Underlying the current situations, one of the most matrimonial wrong is adultery. All around the world, ‘sex outside marriage’ is thoroughly disliked. Even the most liberal of societies condemns adultery. This research paper tries to study the provisions for divorce as well as judicial separation on the ground of adultery under different personal laws in India especially pertaining to Hindu law and Muslim law.

Keywords: Adultery, Divorce, Marriage.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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