Analysis On Adultery As A Ground For Divorce

Irfan Ahmed Ansari, BE LLB, Shree L.R. Tiwari College of Law, Mumbai University

ABSTRACT

This legal research paper primarily deals with the adultery as a ground for divorce under Hindu Marriage Act, 1955. It further goes on to analyse the concept of adultery and what are the provisions attracted under the Indian laws for the act of adultery. The analysis further goes on to deal with different instances which amount to adultery and the circumstances that do not fall under the realm of adultery. Thereafter, the research propound upon the findings of various case laws related to adultery as a ground for divorce under Hindu Personal Laws. The marriage is considered as an indissoluble sacrament under Hindu and Christian Personal Laws, but it is considered as a contract under Muslim Personal Laws and Chinese/ Buddhists Laws, since its elements are such. In this research article the researcher will look into the aspect of evidence required to prove adultery as a ground for divorce, Condonation of adultery, decriminalization of adultery and relevant legal provision under various act as well as case laws pertaining to adultery as a ground for divorce under Hindu Personal Laws.

Keywords: Adultery, Divorce, Hindu Marriage Act, 1955, Hindu Matrimonial Law etc.