What is the punishment for extra marital affairs in India?

Asked by: Prof. Otha Stiedemann  |  Last update: June 17, 2026
Score: 4.1/5 (31 votes)

In India, extra-marital affairs (adultery) are no longer a criminal offense punishable by jail time, thanks to a 2018 Supreme Court ruling that decriminalized it, but they remain a significant civil wrong and a strong ground for divorce, impacting alimony, maintenance, and child custody, often categorized as mental cruelty. While no prison sentence exists, the consequences in family court can be severe for the offending spouse, affecting financial settlements and parenting rights.

What is the punishment for cheating on a husband in India?

Section 497 IPC criminalised adultery by imposing culpability on a man who engages in sexual intercourse with another person's wife. Adultery was punishable with a maximum imprisonment of five years.

What is the punishment for second marriage in India?

Bigamy is a non-cognizable offence, bailable and compoundable with the permission of the court. It is punishable with imprisonment up to 7 years or fine or both. For the offence of committing bigamy by concealing the fact of the first marriage is punishable with 10 years imprisonment or fine or both.

What to do if wife has extra marital affairs in India?

If reconciliation is not an option, and the objective is to end the marital relationship, filing for divorce is the next legal step. Divorce on grounds of adultery is recognized under most personal laws in India, including: Hindu Marriage Act, 1955 – Section 13(1)(i) Special Marriage Act, 1954 – Section 27(1)(a)

Can I sue my wife for cheating in India?

A: Yes, absolutely. Adultery is a valid ground for divorce available to both the husband and the wife under India's personal laws, including the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. A single proven act of infidelity is sufficient to file a petition for divorce.

What is the law for extramarital affairs? Law and Punishment for Extramarital Affair

22 related questions found

Is it legal to do a second marriage without divorce in India?

The Hindu Marriage Act (HMA), 1955 does not allow a second marriage in India without divorce. According to Section 5 of HMA, a valid marriage requires that neither party has a living spouse.

Does wife get half in divorce if she cheated?

Generally, cheating doesn't automatically prevent a wife from getting half (or an equitable share) of marital assets in a divorce, especially in no-fault states where courts focus on legal/financial factors, not moral ones; however, adultery can matter in some states, particularly if marital funds were spent on the affair (marital waste), potentially affecting property division or alimony, and it might influence child custody in rare cases, so consulting a local lawyer for state-specific laws is crucial. 

Which country has the highest extramarital affairs?

A study ranks Thailand as the No. 1 country for cheating, with 51% of married individuals admitting to being unfaithful to their partners. The list is followed by Denmark (46%), Germany and Italy (45%), and France (43%). Thailand is the only Asian country in the top 20.

Which city has the most extramarital affairs in India?

Kanchipuram, a small town in Tamil Nadu, has surged to claim the top spot for extra-marital affairs across India, according to new user data for June 2025 released by Ashley Madison, the global dating platform primarily marketed for individuals seeking extra-marital relationships.

Can a man marry two wives legally in India?

Thus polygamy became illegal in India in 1956, uniformly for all of its citizens except for Muslims, who are permitted to have four wives and for Hindus in Goa and along the western coast where bigamy is legal. A polygamous Hindu marriage is null and void.

What is the punishment for fake marriage in India?

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

What happens if you marry twice without divorce?

Bigamy Laws - Jail Time and Fines

It can be classified as either a felony or misdemeanor, but both carry severe penalties such as imprisonment for up to 5 years and criminal fines. If accused of bigamy, evidence will be sought that shows you were legally married when entering into another marriage.

Can I go to jail for adultery in India?

An extramarital affair legal in India, does not mean free of consequences. In 2018, the Supreme Court struck down the old adultery offence, and the new criminal code did not bring it back. So, criminal jail is off the table.

What is the difference between cheating and adultery?

Adultery specifically means sexual intercourse between a married person and someone other than their spouse, often carrying legal or serious moral weight, while cheating (or infidelity) is a broader term for any breach of relationship trust, which can include emotional affairs, physical intimacy short of intercourse, or even secret behaviors, and applies to both married and unmarried couples. Essentially, all adultery is cheating, but not all cheating is adultery; adultery requires marriage and sexual intercourse, while cheating covers a wider range of unfaithful acts in any committed relationship.

Can a wife sue her husband for adultery?

In California, infidelity is not a crime or tort (civil wrongdoing), meaning there is no legal consequences of committing adultery and you cannot file a lawsuit against your spouse for having an affair.

What is the 2 2 2 2 rule in marriage?

The 2-2-2 rule in marriage is a relationship guideline suggesting couples schedule regular, dedicated time together to maintain connection and prevent drifting apart, specifically: a date night every two weeks, a weekend getaway every two months, and a week-long vacation every two years. It provides a framework for consistent connection, communication, and fun, helping couples prioritize their relationship amidst busy lives by breaking routine and creating shared memories, with variations like staycations or at-home fun often suggested.
 

Can someone truly love you and still cheat?

Yes, it's possible for someone to love you deeply and still cheat, as infidelity often stems from personal issues like insecurity, impulsivity, unmet needs, or addiction, rather than a lack of love, though it's a betrayal of the relationship's trust. Many who cheat still love their partner and feel guilt, but struggle with self-control or internal struggles that lead them to seek fulfillment elsewhere, highlighting that love isn't the same as faithfulness or discipline, say psychologists and therapists. 

What is the 7 7 7 rule in marriage?

The 777 rule for marriage is a relationship guideline for consistent quality time: a date night every 7 days, a weekend getaway (or night away) every 7 weeks, and a romantic holiday (vacation) every 7 months, designed to keep couples connected, break routines, and foster emotional intimacy by intentionally scheduling fun and reconnection, not just fancy outings.
 

Which country has the most faithful husband?

Here's a rundown of countries known for having some of the most faithful husbands.

  • Turkey. Credit: iStockphoto. ...
  • Japan. Credit: iStockphoto. ...
  • Australia. Credit: iStockphoto. ...
  • Canada. Credit: iStockphoto. ...
  • Germany. Credit: iStockphoto. ...
  • Sweden. Credit: iStockphoto. ...
  • Italy. Credit: iStockphoto. ...
  • South Korea. Credit: iStockphoto.

What US state has the highest infidelity rate?

Infidelity rates vary by survey, but recent studies point to Hawaii, Louisiana, Kentucky, and Alaska often ranking high for partners admitting to cheating, while Texas, Alabama, Nebraska, Florida, and Georgia also appear frequently in top lists, alongside cities like Miami and Orlando. These findings often stem from polls on dating/infidelity sites (like Ashley Madison) or relationship surveys (like NapLab's) asking users about their experiences. 

Where do most affairs start with a woman?

Most affairs for women, like men, often start in the workplace, due to proximity, shared goals, and increased emotional connection, followed by social circles, online interactions (including social media), and shared activities like the gym, with vulnerability often stemming from unmet emotional needs in their primary relationship.
 

What is the #1 cause of divorce?

The number one reason for divorce cited in surveys is a lack of commitment, with infidelity, excessive arguing, growing apart, and financial problems also being major factors, though money issues often stem from poor communication and teamwork rather than just lack of funds. Other significant contributors include lack of communication, addiction, unrealistic expectations, marrying too young, and abuse.
 

What money can't be touched in a divorce?

Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.