Prof. J.S. Jakhar, Dean, Faculty of Law, Chaudhary Devi Lal University, Sirsa, Haryana
Sumit Kumar, Research Scholar, Department of Law, Chaudhary Devi Lal University, Sirsa, Haryana
ABSTRACT
Marriage is the voluntary union for life of one man and woman to the exclusions of all others. Both the husband and wife are expected to sustain this relationship with full devotion, love and care for each other for the lifetime. Unfortunately, when the union starts becoming an origin of misery, it ends up in either divorce or judicial separation. Indian legal system has specified various grounds in the form of matrimonial wrong for the dissolution of marriage. Generally, divorce and judicial separation is allowed by the court. Thus, in order to seek divorce, one has to prove that the other has committed a matrimonial wrong. Underlying the current situations, one of the most matrimonial wrong is adultery. All around the world, ‘sex outside marriage’ is thoroughly disliked. Even the most liberal of societies condemns adultery. This research paper tries to study the provisions for divorce as well as judicial separation on the ground of adultery under different personal laws in India especially pertaining to Hindu law and Muslim law.
Keywords: Adultery, Divorce, Marriage.
