The Respondent had illicit relationship with his college Niharika and commit Adultery and mental cruelty under the section 498A of Indian Penal Code, 1860.• Commitment is the soul of a matrimonial bond. In a diversity of religions, marriage has always been given a pious position. To dishonor the relationship of a marriage, by being involved in an affair outside the marriage would not only be religiously wrong but morally as well. In such a situation, preparation and collection of evidence lies on the husband that the burden of proof will fall upon husband.
Moreover, if husband fail to prove his case, you may find him in more trouble than his already were.• Adultery is understood as a voluntary sexual action by a married person with another married or unmarried individual. Almost every religion condemns it and treats it as an unpardonable sin.
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Only a man can be prosecuted for the offence of adultery under the IPC. An adulterous “wife” is absolutely free from criminal responsibility. A woman cannot even be punished for “abetting” the offence. Adultery law assumes that the “wife” was a hapless victim of adultery.• For understanding, adultery as a ground for divorce under Hindu law, in our present case, adultery treats by general definition. Mr.
Rohan Respondent who follow his female colleague named Niharika on each of his our precious time and his almost all the tours. A Hindu man, women, can seek divorce on the ground that her husband as the case may be, is adulterous as per the provision of Hindu Marriage Act, 1955.• There is a provision in Hindu Marriage Act which says, a complaint by the wife named Ms. Shanaya that is Petitioner can be presented before the court alleging that, the other party means Respondent has, after the solemnization of the marriage, had voluntary sexual inter-course with Niharika.
Therefore, having sexual intercourse voluntarily with someone else other than one’s spouse (Adultery) is a valid ground for divorce under the Hindu Marriage Act.• The Hindu Marriage Act (HMA) under Section 13(1) (i) and the Special Marriage Act (SMA) under section 27(1) (a) have mentioned in a very precise manner, that any marriage