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Checking relevance for Joseph Shine VS Union of India...
Joseph Shine VS Union of India - 2018 7 Supreme 1 : Adultery is not a criminal offence and does not fit into the concept of a crime. It should be treated as a ground for divorce rather than a criminal matter. The Supreme Court has declared Section 497 of the Indian Penal Code (IPC) and Section 198 of the Code of Criminal Procedure (CrPC) unconstitutional as they violate Articles 14, 15, and 21 of the Constitution. The law treated a woman as the property of her husband, deprived her of sexual autonomy, and perpetuated patriarchal stereotypes. The Court held that adultery is a private moral issue between spouses and not a public wrong warranting criminal sanction. The criminalization of adultery is manifestly arbitrary and violates the right to privacy, dignity, and autonomy under Article 21.Checking relevance for Nitaben Dinesh Patel VS Dinesh Dahyabhai Patel...
Nitaben Dinesh Patel VS Dinesh Dahyabhai Patel - 2021 8 Supreme 569 : In matrimonial matters, adultery is a valid ground for divorce, judicial separation, or restitution of conjugal rights under the Hindu Marriage Act, 1955. A respondent in a divorce or other matrimonial proceeding may counterclaim for relief under the Act on the ground of the petitioner''''s adultery, provided such adultery is proved. However, the relief sought must be limited to those available under the Act—such as divorce (Section 13), judicial separation (Section 10), restitution of conjugal rights (Section 9), or declaration of marriage void (Sections 11 & 12)—and cannot extend to third parties. Thus, a spouse cannot use a counterclaim to declare a third party''''s marriage void or to challenge the legitimacy of a child born from the petitioner’s relationship with a third party. Any such claims must be pursued through independent proceedings in a civil court, not in a matrimonial suit.Checking relevance for Chandra Mohini Srivastava VS Avinuh Prasad Srivastava...
Chandra Mohini Srivastava VS Avinuh Prasad Srivastava - 1966 0 Supreme(SC) 284 : Adultery in matrimonial matters under the Hindu Marriage Act requires proof of sexual intercourse between the spouse and a third party. The Supreme Court held that mere letters between a co-respondent and the appellant did not prove adultery, as they did not contain any explicit admission of sexual intercourse, and the appellant denied receiving or sending such letters. Additionally, the court ruled that the husband had condoned the alleged adultery by continuing to cohabit with the appellant after becoming aware of it, which bars a claim for divorce on grounds of adultery.Checking relevance for Neetu vs Vinod Kumar...
Neetu vs Vinod Kumar - 2025 0 Supreme(Raj) 927 : In matrimonial matters, adultery is a ground for divorce under Section 13(1) of the Hindu Marriage Act, 1955. The burden of proof lies on the petitioner to establish adultery by preponderance of probabilities, not beyond reasonable doubt. In the case at hand, the Family Court found evidence of an extra-marital affair by the wife, Neetu, which constituted adultery, and this finding was upheld on appeal.Checking relevance for Xxxxxx VS XXXXXX...
Xxxxxx VS XXXXXX - 2024 0 Supreme(Ker) 1240 : In India, adultery is not a valid ground for claiming damages in tort law. It is treated as a private matter between spouses and is not actionable in tort. While adultery is a valid ground for seeking divorce, it does not entitle the aggrieved spouse to compensation for mental pain, agony, or humiliation. The law respects individual autonomy and provides remedies such as divorce without imposing financial liability on the adulterous spouse.
