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How to deal extramarital affair of spouse

Overview of Extramarital Affair (How to deal extramarital affair of spouse)

How to deal extramarital affair/ relationship of a spouse. An extramarital affair is the kind of relationship which keeps outside of marriage. That relationship also includes illicit relationships or romantic or sexual relationships. passionate attachment or romantic friendship occurs in such kind of relationship. Extramarital relationship take place where one of the spouses fail to please each other. It requires degrees of skill to hide the extramarital relationship. And hence this kind of behaviour called lying. Therefore, Extramarital affair is the part of adultery. (How to deal extramarital affair of a spouse)

In simple words adultery means if a man had sexual intercourse with the wife of another man without his consent. Then it was the offence of Adultery and which was punishable only up to September 2018.

For many of us marriage is the bond between husband and wife, who shall remain true to their partners in their bad times and good times. However, due to excess options at the social media, workplace, online dating sites are making people to rethink the traditional approach to commitment.

According to a survey conducted by Gleeden and as per the extramarital dating app for married people, the number of people who are looking for a third party has increased. The app is having more than 6,00,000 users aging between 34 to 39 years. And that is eye-opening data for all of us.

The following are some of the reasons why partners cheat on other partners.

  1. They are bored by their monotonous married life.
  2. Dissatisfied in the marriage
  3. Supreme Court has abolished section 377, which help increase in same-sex encounter among the married people.
  4.  Most of the people live in a big metropolis area, where they get a good alternative
  5. Some women or men already have affairs with their neighbors.

Supreme Court on Adultery

People having extramarital relationships were prosecuted under adultery.  But on 27/9/2018 the supreme court of India passed a landmark judgment. And scrapped 150 years old law of adultery.  Five Judge supreme court bench led by Chief Justice of India Dipak Mishra observed that adultery is not a crime. It can ground of civil offence and a ground for divorce. According to the supreme court of India, adultery law is against the right of equality and life. Therefore after supreme court Judgement  Adultery is not the crime in India.

A businessman named Joseph Shine filed Public Interest Litigation and challenged the law of adultery i.e u.s 497 of Indian Penal Code. He argued that law is discriminatory. He also contended that the law is bias. As per section 497 of the Indian Penal Code, the husband can prosecute the wife’s lover. But wife can not prosecute against the women with her husband committed adultery. In addition to that women can not prosecute against the husband who has committed adultery.

How to deal extramarital affair of spouse

Therefore after scrapping adultery, police are not registering FIR of adultery against faulted partners. And people are facing a tough time dealing with the extramarital affair of one of the partners. So, the other spouse can not do anything against the other partner.

So, in that case, there is an alternate to register the offence of cruelty under section 498(a) of the Indian Penal Code. Because cruelty can be physical, mental and economical. So extramarital affair is a kind of mental cruelty. Extramarital affair or relationship and cruelty is not defined in the law books of India.

Our society is not approving the live-in-relationship but such relations are not illegal as long as their relationship is like marriage. It means both are of marriageable age and neither of them has a living spouse. Law is not permitting the adultery.

It is a ground of divorce and also amount to mental cruelty. The state can not intervene in the private act between two consenting adults. However state intervene is mandatory where consent is not there. Reasons for adultery maybe lust or love, sometimes it just for thrills. Married couples have their understandings. They may choose to overlook to save their marital relationship, family and institution of marriage or for reasons best known to them.

Extramarital Affair – ground for divorce (How to deal extramarital affair of spouse)

The Hon’ble Supreme Court has scrapped the law of Adultery, even though adultery/ extramarital affairs remains a valid ground for divorce. And to get succeed in the divorce petition, the parties have to prove adultery of the other partner.  And to prove the adultery in the court of law, parties are required to produce necessary evidence before the court.

Direct Proof

Most of the people don’t get direct proof of adultery i.e. eyewitnesses. So there would be difficult to get direct witness to prove adultery. So private detective able to capture and collect photos and videos of spouses who indulge in sexual encounters.

But it is difficult to prove adultery in court. And parties shall rely on circumstantial evidence to prove the adultery. Even parties may engage private detective to collect the evidence of the extramarital affair of the partner. And also engage lawyers to take proper guidance to put the case before the court.

Under this act standard of proof is a preponderance of probabilities. As it is civil nature. And hence it is not necessary to prove the adultery beyond reasonable doubts. Because it is difficult to get direct proof like an eyewitness. So indirect proof or circumstances evidence is an option.

Examples of circumstantial evidences

  1. hotel booking records,
  2. travel tickets records,
  3. credit card receipts.
  4. Nowadays Whatsapp messages,
  5. emails exchanged between them,
  6. text messages can use as evidence of circumstantial evidence.

Women committed Extramarital affair – No offence

There is no adultery if a woman committed sexual intercourse with married or unmarried men. Even women are not responsible for abatement for the act.

Therefore in a nutshell extramarital affair is no more offence but it can use a ground for divorce.

Case law on Adultery

Rajee Vs Baburao

The husband alleged to his wife that he saw his wife with another person three times. The lower court convicted her wife on the ground of adultery. However Madras High Court set aside the order of the lower court and acquitted the wife saying that three meetings were held at day time and all that time three children were there in the house.

Samual Bahadur Singh Vs Roshni Singh

The husband said that his wife left his house and informed him that she was going to her brother’s house. And thereafter she never came back at her husbands house. Later, he heard that his wife has to live in adultery with another man. And she is also having a son from him. The court is not satisfied with the evidence on record that she was living in adultery.

Also see Hindu Marriage act for the grounds of Divorce as Adultery is one of the ground.

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