EXTRA MARITAL AFFAIRS

DESCRIPTION:

Though an extra-marital affair or Adultery is not an offence anymore still a spouse of the person who is found guilty of Adultery or extra-marital affair can apply for certain remedies under the Hindu Marriage Act, 1955. The remedies provided by this law are as follows- (a) Ground for Divorce According to Section 13(1)(i) of the Hindu Marriage Act, 1955, if a person after the solemnization of marriage engages in any sexual activity with a person other than his/her spouse then the spouse of that person can apply for a Divorce. Thus, under this law Adultery or an Extra-marital affair is a ground for Divorce. Here it should be noticed that this provision is gender-neutral, that is both husband and wife can use it to file a suit for divorce. (b) Ground for Judicial Separation Under the Hindu Marriage Act, of 1955, an Extra-marital affair or Adultery is not only a ground for Divorce but also has been recognised as a legal ground for Judicial Separation. Thus, in the case of Extra-marital affairs spouse can apply for the Judicial remedy also.