- Infidelity and second marriages during the subsistence of a first marriage - Several sources highlight that contracting a second marriage while the first marriage is still valid constitutes adultery and can be grounds for divorce or criminal charges. For instance, ["2025 0 Supreme(Guj) 1266"] states that the husband had a second wife and children from earlier marriages, and the wife was betrayed by the husband's transfer of property to his son without her consent, indicating breach of trust and emotional cruelty. Similarly, ["2025 0 Supreme(Kar) 1019"] notes the husband's second marriage within four years of the first, leading to the wife's suffering and separation, emphasizing that such conduct causes cruelty and distress.
- Cruelty and emotional abuse linked to infidelity - Many cases describe cruelty inflicted by the husband due to extramarital relationships or suspicion thereof. For example, ["2023 0 Supreme(Kar) 1272"] mentions the husband's relationship with another woman continuing after marriage, leading the wife to seek divorce, and ["2024 0 Supreme(Cal) 332"] details cruelty and insults faced by the husband from the wife, sometimes linked to allegations of illicit relations.
- Marital breakdown due to extramarital affairs - Several sources confirm that extramarital relationships often result in irretrievable breakdowns of marriage. ["2022 Supreme(Online)(Chh) 1708"] states that such illicit relations damage reputation and constitute cruelty, justifying divorce. Moreover, ["
Dipanwita Das (Sarkar) VS Moloy Das - Current Civil Cases
"] and ["Pundlik Martandrao Yevatkar VS Sau. Ujwala @ Shubhangi Pundlik Yevatkar - Current Civil Cases
"] discuss how accusations of infidelity and the resulting cruelty or bitterness make reconciliation impossible, leading to divorce. - Legal implications of infidelity - Contracting a second marriage during the lifetime of a spouse is punishable under law, as noted in ["
E. Thilagavathy VS M. Punniyamoorthi - Current Civil Cases
"] and ["2024 0 Supreme(Kar) 140"], referencing Section 494 of IPC, which criminalizes bigamy. These cases highlight that such acts are not only grounds for divorce but also criminal offenses. - Impact on property and societal reputation - Infidelity often results in disputes over property rights and societal standing. ["
APPUHAMY v. JULIHAMY et al.
"] describes how a husband’s illicit relations and property transfers reflect acknowledgment of a marriage, while allegations of illicit relations outside marriage damage reputation, as discussed in ["2022 Supreme(Online)(Chh) 1700"].Analysis and Conclusion:Infidelity by the husband during an ongoing marriage is a significant cause of marital breakdown, leading to cruelty, emotional distress, and legal consequences such as divorce and criminal charges. Such conduct erodes trust, damages reputation, and often makes reconciliation impossible, justifying the legal separation or dissolution of marriage. The provided sources collectively emphasize that extramarital affairs and second marriages during the subsistence of a first marriage are viewed as serious violations that undermine the sanctity and stability of marriage ["2025 0 Supreme(Guj) 1266"] ["2025 0 Supreme(Kar) 1019"] ["Dipanwita Das (Sarkar) VS Moloy Das - Current Civil Cases
"].
