Answer:
Yes adultery is a ground to divorce in India against husband or wife. If husband or wife had voluntary sexual intercourse with another after marriage then divorce petition can be filed on ground of adultery before Family Court. Proof of adultery must be very strong and court expects concrete evidence as it is very difficult to procure material evidence in adultery.
Adultery is no longer a criminal offence in India. So, a person cannot be imprisoned merely for adultery. Nevertheless, adultery is still an offence that can be used against someone in a divorce petition as a civil matrimonial offence. Messages, Hotel bills or registrations, photos, traveling sheets, outgoing or incoming calls, Witnesses or bystanders, Admission or the circumstances which prove that the married person has had sexual relationship with someone else can be used as evidence of adultery.
BK Singh can assist you in analyzing your facts if they are sufficient to initiate divorce proceeding on ground of adultery, collect proofs which are admissible in court of law, draft your divorce petition, prepare documents supporting your claims and represent your case effectively and convincingly before family Court.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
