Answer By law4u team
In 2018, the Supreme Court of India struck down Section 497 of the Indian Penal Code, decriminalizing adultery and declaring it unconstitutional. While adultery is no longer a criminal offense, it still holds significance in civil matters, including divorce and maintenance. This landmark ruling reshaped how courts interpret marital misconduct, particularly in disputes involving financial support after separation. The shift emphasizes individual rights and equality but also raises questions about fault, morality, and entitlement in maintenance claims.
Impact Of Decriminalization Of Adultery On Maintenance Law
1. Adultery is No Longer a Criminal Offense
Prior to 2018, adultery was punishable under Section 497 IPC, but only the husband of the woman involved could file a case, and women were not held liable.
The Supreme Court ruled this as gender-biased and unconstitutional, removing criminal consequences but retaining its relevance in civil disputes, such as divorce or alimony.
2. Adultery Still Valid Ground for Divorce
Even after decriminalization, adultery remains a valid ground for divorce under personal laws (e.g., Hindu Marriage Act, Section 13(1)(i)).
A spouse can still allege infidelity to seek dissolution of marriage.
3. Effect on Maintenance Entitlement
Courts may consider adultery as marital misconduct while deciding on maintenance.
Under Section 125(4) CrPC, a wife is not entitled to maintenance if she is living in adultery.
Decriminalization has not altered this clause—courts still deny maintenance if adultery is proven in civil proceedings.
4. Standard of Proof and Privacy
Since adultery is no longer a crime, burden of proof has become stricter in civil courts.
Evidence must be strong and credible (e.g., messages, photographs, witness testimonies), but it also must respect privacy rights.
5. Gender-Neutral Perspective Emerging
Decriminalization supported gender equality, encouraging a shift towards neutral evaluation of misconduct by either spouse.
Men can now also raise infidelity claims for relief or denial of maintenance, and vice versa.
Legal Position Post-Decriminalization
No Criminal Penalty, But Civil Consequences Remain
Adultery cannot lead to jail or fines, but may still affect maintenance, custody, and property division.
Section 125(4) CrPC Still Applies
A wife living in adultery is disqualified from claiming maintenance.
However, mere suspicion is not enough—clear evidence is required.
Wife May Still Receive Maintenance in Other Conditions
If adultery is not proven or occurred under coercive or abusive conditions, courts may still grant maintenance in the interest of justice.
Protection of Individual Autonomy
The court emphasized that personal choices, including sexual autonomy, are not crimes but must still align with marital obligations in civil law.
Consumer Safety Tips / Awareness Measures
Don’t confuse decriminalization with moral or legal acceptance—civil consequences like loss of maintenance still apply.
If falsely accused of adultery, gather all communication records and witnesses to prove your defense.
File for maintenance with proper disclosure, and be prepared to address any allegations of misconduct.
Consult a family lawyer before presenting or responding to adultery-related claims.
Respect the privacy of both parties during legal proceedings—unauthorized surveillance or data collection may backfire legally.
Example
Scenario:
A husband files for divorce and refuses to pay maintenance, alleging that his wife is living in an adulterous relationship. The wife denies the accusation and seeks support under Section 125 CrPC.
Steps Taken:
- The court asks the husband to present evidence of adultery, such as communication records or witness accounts.
- The wife defends herself, stating that the relationship is platonic and the accusation is baseless.
- The court finds no concrete proof of adultery.
- Since adultery is not criminal but still relevant in civil judgment, the court rules that the wife is eligible for maintenance.
- Had adultery been proven, maintenance could have been denied under Section 125(4) CrPC, despite decriminalization.
