Married but Cheated

Infidelity isn't just betrayal — in India, it can cross into legal territory.
If your spouse cheats, your options go far beyond tears and heartbreak.

Let’s break down the shocking legal angles of adultery in India, and what every spouse — especially women — must know.

⚖️ 1. Adultery is Not a Crime Anymore — But It Still Has Legal Consequences

The Law (Post-2018):
In a historic judgment, the Supreme Court of India decriminalized adultery (Section 497 IPC) in 2018.

What it means:
You cannot file a police case or get your cheating spouse arrested just for cheating.

BUT adultery can still:

  1. Be used as valid grounds for divorce

  2. Impact custody decisions

  3. Affect alimony or maintenance orders

Shocking? Yes. Adultery is morally wrong, but it’s no longer criminally punishable.

💔 2. Cheating Can Be Used to Claim Divorce – Even Without Proof of Sex

You don’t need a secret hotel receipt or a bedroom photo to prove adultery.
If your spouse is emotionally cheating, or showing "unreasonable intimacy" with someone else, the court can take it seriously.

Grounds:
Under the Hindu Marriage Act, 1955 and other personal laws, adultery is a valid reason for filing divorce.

Real case:
In multiple judgments, WhatsApp chats and phone call logs have been used as evidence of “illicit relationships.”

💰 3. Alimony Can Change Based on Who Cheated

If you're filing for divorce due to your spouse’s adultery, the court may increase your alimony or deny them spousal support if they ask for it.

Key Point:
Courts consider "conduct of parties" — and cheating hurts the cheater’s credibility.

Example: A wife cheated and filed for alimony. The court reduced her claim, citing her unfaithfulness as misconduct.

🧒 4. Custody Battles: Cheating Affects Who Gets the Child

While the law prioritizes the child’s best interest, a cheating parent may lose moral credibility during custody disputes.

How it plays out:

  1. If a mother/father is seen as “unfit” due to an extramarital affair, the court may give custody to the other parent.

  2. In some cases, visitation rights are restricted too.

🧠 5. Emotional Abuse + Cheating = Domestic Violence Case

If your cheating spouse is also mentally harassing or threatening you, you can file a case under the Domestic Violence Act, 2005.

Includes:

  1. Verbal abuse

  2. Threats

  3. Financial control

  4. Psychological trauma

You can seek:

  1. Protection orders

  2. Residence rights

  3. Monetary compensation

Remember: Cheating alone isn’t a crime. But cheating + abuse? The law stands with you.

👀 Final Thought: Don’t Suffer in Silence. You Have Legal Power.

India’s laws have evolved. Cheating may no longer land someone in jail, but it can still impact divorce, money, and your future.
If you’ve been betrayed, don’t just scroll in pain — take informed action.

🚨 Legal Helplines:

  1. Women Helpline: 1091

  2. National Commission for Women: ncw.nic.in

  3. Free Legal Aid (NALSA): nalsa.gov.in