Build your professional network on facebook via our app Go to app
 
 
Posted in Community :

Indian Laws

 
Activity:  17 comments  294 views  last activity : 02 07 2011 06:22:52 +0000
 Refer 405
Share
 
 
 

The Hindu Marriage Act provides that any marriage solemnized, 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 is living in adultery.

What is Adultery?

Adultery means Sexual intercourse between a married person and a third party. Adultery is when a woman has voluntary sexual intercourse with a person other than her husband, at other places adultery is when a woman has voluntary sexual intercourse with a third person without her husband’s consent.


A divorce can be granted if it is proven that one partner in a marriage has had an affair and committed adultery, defined as having had sexual intercourse with a person of the opposite sex other than their spouse, and if the spouse finds it intolerable for the marriage to continue.

When applying for divorce on grounds of adultery, it is necessary to provide the courts with as much evidence as possible about the alleged adulterous affair, such as places and dates. If the partner who has had the affair or affairs does not contest the divorce, then it will usually be granted with little difficulty. However, if the divorce is contested, detailed evidence will be required to satisfy the courts that the affair actually occurred, and the process may be lengthy and expensive. It is not necessary to name the ‘co-respondent’ – the person with whom the adulterous affair took place - and many lawyers advise against doing so as it may cause unnecessary delay and additional expense if the co-respondent contests the petition. There is often little reason for a co-respondent to cooperate, particularly as they may be ordered to pay a portion of the court costs if a divorce is granted.
It is very difficult to produce direct evidence to prove an act of adultery. Adultery is a matrimonial offence as well as a criminal offence. The requirement of proof in a criminal case is stricter than the requirement in a matrimonial case. In the former case the act is to be proved beyond reasonable doubt, whereas in the latter the evidence is based on the inferences and possibilities.
Thus the offence of adultery may be proved by:
1. Circumstantial evidence
2. By evidence as to non-access and birth of a child
3. By evidence of visits to brothels
4. By contracting venereal diseases
5. Confession and admission to parties; and
6. Preponderance of probability
Hence in proving the adulterous act of the spouse many have not suggested to file divorce on the basis of adultery.

 Top Comment : Saibal Ray   | 12 19 2010 08:55:02 +0000
A good piece of info for spouses to be ever vigilant at every passing lusty eyes feeding on their better halves' innocence...But for third parties, on a lighter note, it is even more informative as they can now re-strategise their moves that would benefit them not only on bed but also in courts...
 
17 comments on "Husbands act of adultery"
  Commented by  SHRIKANT MANOHAR DANKE, Consultant, Project Management Consultancy Firm    | 02 07 2011 06:22:52 +0000
Thanks for giving the real meaning of adultery.
  Commented by  Jaygopal Raghavan, Marketing Manager, Landmark Group    | 01 08 2011 17:01:55 +0000
But what is your point that you are trying to make here ?
Thanks for the information. But it should be presented in other way, to avoid such circumstance to be divorced.
  Commented by  suhaschandra deshpande, Marketing Associate    | 12 20 2010 19:13:42 +0000
Great piece of information...Sachin.. Thanks...
  Commented by  suhaschandra deshpande, Marketing Associate    | 12 20 2010 18:54:28 +0000
Great piece of information...Sachin.. Thanks...
  Commented by  suhaschandra deshpande, Marketing Associate    | 12 20 2010 18:52:05 +0000
Great piece of information...Sachin.. Thanks...
  Commented by  NATTERAJA R. ARIKRISHNAN, AREA SALES MANGER, UNIFLEX CABLES LTD    | 12 20 2010 18:41:24 +0000
Thanks Mr.Sachin Kumar for sharing the valuable information.
  Commented by  Badri N Srinivasan, Head - Quality, Valtech India Systems Pvt. Ltd.    | 12 20 2010 14:29:46 +0000
Thanks for the information, Sachin.....!
  Commented by  Rathin Deb, Resident Manager, Tower Infotech Ltd.    | 12 20 2010 12:24:47 +0000
very good Sachin and quite informative.
  Commented by  Shashi Kumar U, Manager accounts & commercial, Mazda Concrete Products Pvt Ltd    | 12 20 2010 04:05:09 +0000
Good and informative
  Commented by  Dr.G.S.Rama Rao, Freelancer    | 12 20 2010 01:58:02 +0000
Interesting and revealing information.
  Commented by  rakeshbhatnagar, GM Projects., wig brothers india pvt.ltd.    | 12 19 2010 16:16:36 +0000
THANKS FOR THE REFRAL SACHIN ITS A GOOD INFORMATIVE ARTICLE . 
  Commented by  Kamal Prasoon, Manager Admin/HR/Facilities, Lectrotek Systems    | 12 19 2010 14:50:05 +0000
very informative article but unfortunately in-ordinate delay in the judicial process of our country spoils the very concept of all our constitution and different civil & criminal procedure acts.
  Commented by  G A Narayan, Real Estate Consultant    | 12 19 2010 10:37:05 +0000
Rating : +1 
While it is very rare to find a “Rama” in the society one must understand that it is Nature or Biology that makes it difficult for the human male to be monogamous and restrict themselves to a single partner. Also, most people, again mainly males, would not mind having a fling if there is an opportunity. For most men who claim that “I have not had relationship with anyone else other than my wife”, the opportunity to flirt has not presented itself in their life. If such an opportunity had come up in their life, one can be sure that maximum number these men would have taken a chance of a onetime flirt. Please don’t mistake me... I do not mean anything wrong and am not saying that humans (men) are bad. I am just pointing out that we have “Nature” & “Biology” which are “God’s creation” on one end and “Law” & “Religion” which are “Man’s Creation” on the other end. While in god’s creation it is not wrong for a person to have multiple partners it is Man’s creation that claims otherwise. It is natural for the male of any species to spread its genes as much as possible, and human beings are not any different with regards to this basic instinct. 

Also, here we are faced with a typical conflict between culture and basic human nature. Also, what we are now following now as law and culture has mainly been imposed upon us by the British and we started following it over a period of 200 years. Over a period of time we have come to blindly believe (without any question) that this is our “Culture”.

Earlier, polygamy was practiced by very many communities around our country and it was not at all considered wrong and people dint have any “conscience prick” during those times. In fact we even find many gods with multiple partners. 
  Commented by  Mohammad Bakhsh, Project Leader/Managing Consultant, Freelancer    | 12 19 2010 10:11:53 +0000
Mr Sachin,thanks for referral.A well structured article on adultery and rhythm around adulterous tendencies.The British jurisprudence which we follow requires circumstantial evidences to prove the claim either for divorce or any criminal cases.This apart,the simple way out is to stay away from the spouse and try to arrive at the mutual agreement for separation.i do not think it is fair to discourage the aggrieved party for not filing the suit . Instead they should be asked to approach for counselling in such matters.
  Commented by  Saibal Ray, Sr. QA Engineer, Infotech Enterprises    | 12 19 2010 08:55:02 +0000
Rating : +1 
A good piece of info for spouses to be ever vigilant at every passing lusty eyes feeding on their better halves' innocence...But for third parties, on a lighter note, it is even more informative as they can now re-strategise their moves that would benefit them not only on bed but also in courts...
Good and useful article...
Add your comment on "Husbands act of adultery"

Rate:
Submit
Part of Randstad, the world’s second largest HR services company
Part of Randstad, the world’s second largest HR services company
Viewers also viewed
honour killing is the most brutal act vs honour killing is not the most brutal act
 
14 referals 14 arguments, 396 views
If you perceive that women are the weaker sex, think again, for a new study claims they are more...
 
1654 referals 49 arguments, 903 views
Information I considered best to be shared which I have searched through the Internet. Stop...
130 referals 5 comments, 100 views
more...  
Recent Knowledge (106)
By Lori Bongiorno How much radiation does your cell phone emit? It's easy to find out the answer...
479 referals 15 comments, 11410 views
I did my Schooling from a Boarding(St.Amtul's Public School - Nainital) Masters in International...
 
968 referals 2 comments, 88 views
The patriarch of BJP left his party and the RSS fuming as he lavished praise on the Indian Prime...
 
252 referals 2 comments, 33 views
more...  
More From Author
The Hindu Marriage Act provides that any marriage solemnized, 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...
more...