What constitutes adultery and grounds for divorce

570 votes

Per se just getting or making call from or to a fellow colleague does not make someone living in adultery but it may or may not come under its definition depending upon the no. of repeatiation of said act. Though it is very difficult to prove adultery in itself and it depends upon the facts and circumstances of each case. In general, yes it's no ground for divorce but again its quantity and quality matters.

Advocate Deepak Verma LawRato

507 votes

its not a ground to file a divorce. husband can not take use this as ground in divorce petition. Adultery having different meaning under Indian Penal Code.
Incoming call and outgoing call does not constitute adultery.

Advocate Jagan Nath Bhandari LawRato

586 votes

No, it isn't adulteRy, & meRely calls (incoming & outgoing) fRom colleague doesn't amounts to adulteRy. He must have to pRove this beyound Reasonable doubt, so it couldn't be the gRound foR divoRce oR sepRation.

Advocate Ripudaman Singh LawRato

530 votes

Adultery requires by definition to have illicit relationship with a man who is not the husband of the lady. Only if there is undoubtful proof illicit relationship can be a basis of filing a divorce petition. Merely doubt of relationship is not enough. Therefore, an incoming or outgoing call from a colleague does not amount to adultery.

Advocate Hargun Singh Bhatia LawRato

558 votes

Instances of Adultery
In the following cases the plea of adultery has been upheld by courts:
(a) Wife had been absenting herself from her house for some times and seen in the company of a stranger to the family of her husband without reasonable explanation or any explanation.

(b) Unrelated person found alone with wife after midnight in her bedroom in actual physical juxtaposition.

(c) Child born beyond the period of twelve months after the cessation of marital consortium between the spouses.

(d) Evidence on post-suit adultery is admissible to prove and explain other evidencegiven in the case and to show the character and quality of the previous acts.

(e) Paramour's letters indicating facts of illicit relationship.

(f) Admission of adultery by wife through letters.

(g) Testimony of disinterested witnesses to the effect that they had seen the respondent sleeping together with another person in nights is sufficient to prove adultery.

(h) A solitary instance of voluntary sexual intercourse by wife with other person is enough.

(i) Wife left her husband and was living at her parent's house. The allegation by husband that she became pregnant there without his access to wife. Statement by wife that husband used to visit her parents house and stayed overnights and cohabitated with her. Wife failed to examine her parents or any other witness in support of her statement. There was no interference with the decree of divorce granted against the wife.

Instances of No Adultery
In the following cases the plea of adultery has been rejected by courts.
(a) The presence of the wife in a restaurant cabin with her blouse and brassiere unhooked and the co-respondent holding her breasts in his hands is not sufficient to prove adultery.

(b) No conclusion of adultery where the wife was found going on the scooter of some other person or talking with someone other than her husband

(c) No corroboration to prove adultery of wife when she remains in a room with door though shut but unbolted at 10 p.m. with another person when the mother of the husband and five grown-up children were present in the house.

(d) Mere fact that some male relation writes letters to a married woman does no necessarily prove that there was illicit relationship between the writer and recipient of the letters.

(e) Wife becoming pregnant after husband had undergone vasectomy operation without proving that the operation was successful, no illicit relationship of wife can be presumed.

(f) Serious doubts may be raised as to the allegation of adultery of wife when the husband makes no such allegation in the notice for divorce prior to the filing of the suit.

(g) Where the husband files the petition for divorce 8 years after he came to know that his wife has committed adultery and has not explained the reason for the inordinate delay alone.

(h) Mere presence of the alleged adulterer in the bedroom of the parties does not constitute an adulterous act.

(i) Masturbation of co-respondent by wife is not adultery.

(j) Allegations of the husband that he saw his wife talking with other persons on three occasions in daytime without any physical contact are not sufficient.

The above should make you clear about adultery.

regards,

Adv malhotra

Advocate Deepak Malhotra LawRato