Adultery is a ground for divorce under Section 13(1)(i) of Hindu Marriage Act, section 27(1)(a) of Special Marriage Act, Section 32 (d) of Parsi Marriage and Divorce Act,1936 and under Section 10 of the Indian Divorce Act .The ground for getting a decree for divorce on the grounds of adultery is provided as :“The Respondent has after solemnization of marriage, had voluntary sexual intercourse with any person other than his or her spouse.” In other words, the spouse who engages in extra-marital intercourse is guilty of adultery. Under the Dissolution of Muslim Marriages Act, adultery as such is not a ground for divorce, but if the husband “associates with women of evil repute or leads an infamous life,” it amounts to cruelty to wife and she can sue for divorce on that ground. This seems sometimes akin to living in adultery. But none of these enactments, except the Parsi Marriage and Divorce Act, confers any such corresponding right on the husband to dissolution of marriage...
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