Published On: 31st October 2025
Authored By: Rudraksh Sharma
Amity University, Noida
“Adultery After Joseph Shine: Decriminalised but Still Grounds for Divorce?”
The historic ruling by the Supreme Court in Joseph Shine v. Union of India (2018) struck down IPC Section 497, thereby decriminalizing adultery and deeming it unconstitutional in light of Articles 14, 15, and 21 acknowledging the sexual autonomy and dignity of individuals.
Even after this decriminalization, adultery remains a civil basis for divorce as outlined in Section 13(1)(i) of the Hindu Marriage Act, 1955. Courts are now tasked with carefully weighing personal freedom against marital responsibility, necessitating substantial evidence of extramarital affairs.[1]
Adultery results in disqualification (Chhattisgarh HC, May 2025): The Court underscored that a legitimate divorce granted on the basis of adultery bars the spouse from receiving maintenance under Section 144 (4) BNSS.
The court pointed out that once a competent civil court issues a divorce decree citing adultery, this conclusion is conclusive and prevents the wife from seeking maintenance, even after the divorce. The ruling differentiates between “currently living in adultery” and “having lived in adultery,” but maintains that a divorce decree issued due to adultery is adequate to block maintenance requests.[2]
Meenakshi vs Kannan, Madras High Court, January 28, 2025: The court discussed the evidentiary threshold for proving adultery and clarified that direct evidence is not mandatory; circumstantial evidence can suffice. The alleged adulterer need not always be made a party to the proceedings.[3]
Adultery, despite no longer being a criminal offense following the Joseph Shine ruling, remains a significant and valid reason for divorce under the Hindu Marriage Act, 1955. It represents a violation of marital trust and fidelity, enabling the wronged spouse to formally pursue the dissolution of the marriage. Indian courts still regard adultery as a civil wrongdoing, which can lead to repercussions such as the denial of maintenance and influence on custody arrangements or alimony. However, it is crucial to have credible evidence, as false claims could be considered a form of mental cruelty.
Reference(s):
[1] https://blog.ipleaders.in/adultery-and-divorce/
[2]https://m.economictimes.com/wealth/legal/will/no-alimony-for-wife-as-husband-proved-her-extra-marital-affair-and-got-divorced-on-grounds-of-adultery-in-chhattisgarh-high-court-case/articleshow/121414763.cms
