Can I Get a Divorce on the Ground of Adultery?

Yes. Adultery is a recognized ground for divorce under Section 13(1)(i) of the Hindu Marriage Act, 1955. A spouse may seek a divorce if the other spouse has voluntarily engaged in a sexual relationship with any person outside the marriage after its solemnisation.

However, merely making an allegation of adultery is not enough here. The spouse seeking divorce must establish the claim with some credible evidence. Since direct evidence is rarely available in these cases, thus courts often rely on circumstantial evidence and the overall facts of the case.

It is important to note that while adultery is no longer a criminal offence following the Supreme Court's decision in Joseph Shine v. Union of India (2018), it continues to remain a valid civil ground for divorce under the Hindu Marriage Act.