Adultery (Matrimonial Ground) is voluntary sexual intercourse by a married person with someone other than their spouse, which serves as a ground for divorce in Indian matrimonial law. Under Section 13(1)(i) of the Hindu Marriage Act, 1955, a spouse may petition for divorce if the other has committed adultery after the solemnisation of the marriage.
Legal definition
Section 13(1)(i) of the Hindu Marriage Act, 1955 provides:
Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse.
An identical ground exists under Section 27(1)(a) of the Special Marriage Act, 1954. Under the Indian Divorce Act, 1869 (governing Christian marriages), adultery is also a ground for dissolution, though historically it imposed stricter conditions on wives.
It is important to note that while adultery was decriminalised as a penal offence following the Supreme Court's decision in Joseph Shine v. Union of India (2018), it continues to be a valid civil ground for divorce under all personal law statutes.
How courts have interpreted this term
Joseph Shine v. Union of India [(2019) 3 SCC 39]
A five-judge Constitution Bench of the Supreme Court struck down Section 497 of the Indian Penal Code, which had criminalised adultery, as unconstitutional. The Court held that Section 497 violated Articles 14 (equality), 15 (non-discrimination), and 21 (right to life and personal liberty). Chief Justice Dipak Misra, writing for the majority, observed that treating adultery as a criminal offence reduced a woman to the "chattel of her husband." However, the Court expressly clarified that adultery remains a valid civil ground for divorce under matrimonial law — decriminalisation did not affect its status as a matrimonial remedy.
Subburami Reddy v. Saraswathi [(1994) 2 SCC 264]
The Supreme Court held that the standard of proof for adultery in matrimonial proceedings is the preponderance of probabilities, not proof beyond reasonable doubt (which would apply in criminal cases). The Court observed that direct evidence of sexual intercourse is rarely available, and that adultery may be inferred from circumstances such as undue familiarity, opportunity, and the conduct of the parties.
Sachindranath Chatterjee v. Sm. Nilima Chatterjee [(1972) 2 SCC 36]
The Supreme Court held that a single act of voluntary sexual intercourse with a person other than the spouse is sufficient to constitute adultery under Section 13(1)(i). Unlike cruelty or desertion, there is no requirement of a continuous period or a pattern of conduct.
Why this matters
The distinction between adultery as a criminal offence (now struck down) and adultery as a civil ground for divorce (still valid) is one of the most frequently misunderstood aspects of Indian matrimonial law. Following the Joseph Shine decision, many assume adultery has no legal consequences. In reality, it remains one of the most potent grounds for divorce, and evidence of adultery can also influence maintenance and alimony determinations.
The evidentiary challenge in proving adultery is significant. Since direct proof of sexual intercourse is seldom available, courts rely on circumstantial evidence — including photographs, electronic communications, hotel records, testimony of private investigators, and admissions. Practitioners must present a coherent chain of circumstances that leads to the reasonable inference of a sexual relationship.
For practitioners, adultery as a ground carries strategic importance beyond divorce itself. Evidence of adultery by the respondent may influence the court's determination of permanent alimony under Section 25 HMA, child custody arrangements, and whether the respondent is entitled to maintenance. Conversely, unsubstantiated allegations of adultery may themselves constitute mental cruelty against the accused spouse.
Related terms
Broader concepts:
Sibling grounds for divorce:
Related remedies:
Frequently asked questions
Is adultery still a crime in India?
No. The Supreme Court in Joseph Shine v. Union of India (2018) struck down Section 497 IPC, decriminalising adultery. However, adultery continues to be a valid civil ground for divorce under Section 13(1)(i) of the Hindu Marriage Act, Section 27(1)(a) of the Special Marriage Act, and the Indian Divorce Act, 1869.
What evidence is required to prove adultery for divorce?
Courts accept circumstantial evidence including electronic communications, photographs, witness testimony regarding opportunity and familiarity, hotel records, and admissions. The standard of proof is preponderance of probabilities, not proof beyond reasonable doubt. A single proven instance of voluntary sexual intercourse suffices.
Can a wife file for divorce on the ground of adultery by the husband?
Yes. Section 13(1)(i) is gender-neutral — either spouse may petition for divorce on the ground that the other has had voluntary sexual intercourse with a person other than their spouse. This is a significant change from the pre-1976 position, when the wife had to prove aggravated adultery.
Can false allegations of adultery be used as grounds for divorce?
Yes, but on the ground of cruelty, not adultery. The Supreme Court has consistently held that persistent false accusations of adultery or unchastity constitute mental cruelty under Section 13(1)(ia) HMA, which is independently a valid ground for divorce.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.