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How to deal with extra marital affair of Spouse


An extra marital 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 takes 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 part of adultery.

Extramarital affair

Supreme Court on Adultery

People having extra marital relationships were prosecuted for 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 to equality and life. Therefore after the supreme court Judgement Adultery is not a crime in India.

How to deal with extra marital affair of a spouse

Therefore after scrapping adultery, police are not registering FIRs 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.

Extra marital affair — ground for divorce

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 adultery in the court of law, parties are required to produce necessary evidence before the court.

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

Women committed extra marital affairs — 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.

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