• Adultery

Section 497 in The Indian Penal Code : Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either des c r i p tion for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.

  • Enticing or taking away or detaining with criminal intent a married woman

Section 498 in The Indian Penal Code: Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either des c r i p tion for a term which may extend to two years, or with fine, or with both.

 

  • Section 13(1) in The Hindu Marriage Act, 1955

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party

 

(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or]


 [(a) has, after the solemnization of the marriage, treated the petitioner with cruelty; or


[(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]


(ii) has ceased to be a Hindu by conversion to another religion; or


(iii) has been incurably of unsound mind, or has been suffering


continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

 

  • Section 27 of The Special Marriage Act, 1954


 Divorce.

(1) ] Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent— 2[(a) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or


(b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

 

  • Section 10(1)(i) in THE DIVORCE ACT, 1869

(1) Any marriage solemnized, whether before or after the commencement* of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since ) has committed adultery; or

 

  • Section 125(4) of the Code of Criminal Procedure, 1973


 has committed adultery; or

 

  • Section 125(4) of the Code of Criminal Procedure, 1973


 No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

 

  • Section 125(5) of the Code of Criminal Procedure, 1973

On proof that any wife in whose favor an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

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