An extra-marital affair refers to a romantic or sexual relationship between a married person and someone who is not their spouse. In India, the legal status of such affairs has changed significantly in recent years. Until 2018, extra-marital affairs were considered a criminal offense under Section 497 of the Indian Penal Code (IPC), commonly known as the adultery law. A person found guilty could face imprisonment of up to five years.
However, in September 2018, the Supreme Court of India struck down Section 497, declaring it unconstitutional. The court stated that criminalizing consensual relationships between adults violated the right to privacy and equality. This means that extra-marital affairs are no longer a criminal offense in India.
While they are not punishable under criminal law, they can still have serious consequences under civil laws, especially in matters of divorce, alimony, and child custody. The court made it clear that such affairs could still be considered a valid ground for divorce under the Hindu Marriage Act and other personal laws.
Social and Emotional Impact of Extra-Marital Affairs
While the law no longer treats extra-marital affairs as a crime, their social and emotional impact remains significant in Indian society. Marriage is still regarded as a sacred commitment in most communities, and breaking that trust often leads to emotional pain, conflict, and strained family relationships.
An affair can cause deep hurt to the spouse, leading to feelings of betrayal, anger, and loss of trust. In some cases, it results in separation or divorce, which can further affect children and extended family members.
In a society where traditional values are still strong, people involved in extra-marital relationships may face social stigma and criticism. This can impact their personal reputation and professional relationships.
It is also important to note that emotional affairs—where the connection is not physical but still intimate—can cause similar levels of damage to relationships. Even though the law does not punish consensual relationships, the emotional consequences often extend far beyond legal matters.
Extra-Marital Affairs and Divorce Laws
Even though extra-marital affairs are no longer criminal in India, they are still a valid ground for divorce under various marriage laws. Under the Hindu Marriage Act, Muslim Personal Law, Christian Marriage Act, and Special Marriage Act, adultery is recognized as a reason for dissolving a marriage.
If one spouse proves that the other had an affair, it can influence decisions related to alimony, maintenance, and child custody. Courts may view the affair as evidence of marital misconduct, which can affect the settlement terms.
However, the burden of proof lies on the person making the claim, and evidence such as messages, photos, or witness statements is often required. While the affair itself does not lead to criminal punishment, it can still have serious legal consequences in divorce proceedings.
Supreme Court’s Stand on the Matter
The Supreme Court’s 2018 verdict in Joseph Shine vs. Union of India marked a historic shift in Indian law regarding extra-marital affairs. The court unanimously struck down Section 497 of the IPC, stating that it was discriminatory and treated women as the property of their husbands.
The judges emphasized that while adultery can be a moral wrong and a reason for the breakdown of a marriage, it should not be treated as a criminal act. They also clarified that the decriminalization of adultery does not mean the law encourages extra-marital relationships—it only means that the state should not interfere in private matters between consenting adults unless it involves harm or exploitation.
The judgment highlighted the importance of personal liberty, gender equality, and the right to privacy in modern society, while still acknowledging the civil consequences of extra-marital affairs in family law.
