Infidelity Legal Implications: What the Law Says in India

Finding out a partner cheated is painful, but you also need to know the legal side. In India, adultery used to be a criminal offense, but the Supreme Court struck it down in 2018. Today, the main impact shows up in divorce, alimony and child custody cases.

How Adultery Affects Divorce Proceedings

If you file for divorce and can prove the other spouse had an affair, the court can consider it a "fault" ground. This usually speeds up the process and can give you a better settlement. Proof doesn’t have to be a confession; screenshots, emails, hotel receipts or a private investigator’s report can work. However, the court still needs to see that the infidelity caused a breakdown of the marriage.

Even when you file under "no‑fault" divorce, which is common now, the presence of an affair can still influence the judge’s decisions on asset division. Judges often look at who contributed more to the household and whether the cheating spouse hid assets or wasted family money on the extramarital relationship.

Alimony, Maintenance and Child Custody

When it comes to alimony, the court aims to keep the financially weaker spouse supported. If the cheating spouse earned significantly more, they might be ordered to pay higher maintenance. The fact that they broke the trust can tip the scale in the victim’s favor, but it’s not the sole factor.

Custody decisions focus on the child’s best interest. An affair alone won’t strip a parent of custody, but if it shows a pattern of irresponsible behavior—like neglecting the child while pursuing the affair—the judge may grant the other parent primary care.

Remember, the law doesn’t punish the act of cheating itself anymore. Instead, it looks at how the affair hurts the marriage and the family. If you’re thinking about legal action, gather clear evidence, consider mediation first to avoid a lengthy court battle, and consult a family lawyer who knows local rules.

Bottom line: Infidelity can change the financial and custodial outcomes of a divorce, even though it’s no longer a criminal charge. Knowing what evidence you need and how courts weigh fault can help you protect your rights and move forward with confidence.