A lot of people in India are still unsure about what exactly the law says about extramarital affairs. Some think it’s still a crime, some think it doesn’t matter at all. The truth is… it’s a bit mixed, and the rules changed not too long ago. So here’s the simple version, without the legal jargon.
Is an Extramarital Affair a Crime?
No, it isn’t. Not anymore.Before 2018, adultery was a criminal offence under Section 497. Only husbands could file cases, and it was honestly a very one-sided and outdated law. The Supreme Court finally removed it, saying it didn’t fit modern times.So today:
- You cannot file a police case for adultery
- There is no arrest or jail
- It’s not a criminal matter at all
But yes, it still matters in other ways.
How It Affects Divorce
Even though it’s not a crime, an affair can absolutely be a reason for divorce. Courts usually accept it as a sign that the marriage has broken down. Some cases treat it as mental cruelty, depending on how things happened between the couple.
People often show proof chats, photos, call history, whatever they have and the court looks at it.
Alimony and Maintenance
An affair doesn’t automatically cancel someone’s right to support, but it can affect the court’s decision.
- If a wife is in a relationship outside marriage, the husband may say she shouldn’t get maintenance.
- If it’s the husband having an affair, the court may decide the wife deserves more support because of the emotional impact.
There is no fixed rule. Judges look at income, dependency, and how serious the situation is.
Child Custody
A parent doesn’t automatically lose custody because of an affair. Courts only care about what is best for the child. If the relationship is affecting the child’s safety or peace, then it becomes important. Otherwise, it’s just one part of the bigger picture.
Final Words
So, extramarital affairs in India are not a crime anymore, but they can have a strong impact on divorce, maintenance, and sometimes custody. The emotional side of it is separate, but legally, this is how it works today.
If you’re dealing with something similar and confused about what’s right or wrong legally, NK Laws can help you understand your options clearly and guide you through the next steps.