Extramarital affairs are recognized as a substantial ground for divorce in many legal systems, as they fundamentally breach the trust and fidelity central to marital relationships. In cases where one spouse engages in an affair, the other often experiences significant emotional distress, humiliation, and mental anguish. Courts generally consider adultery or an extramarital affair as a form of marital misconduct, which can justify dissolution of marriage, especially when it causes an irretrievable breakdown of the relationship.

Evidence such as phone records, witness testimony, photographs, and even social media activity is often used to establish the affair. Beyond the personal betrayal, courts observe that adultery constitutes a form of mental cruelty, leading to a legally actionable claim for divorce. In cases where reconciliation appears unlikely due to loss of trust, courts may expedite the divorce to allow the aggrieved spouse to move forward.

• Savitri Pandey v. Prem Chandra Pandey
  Citation: AIR 2002 SC 591
  Facts: The husband filed for divorce on the grounds of cruelty, accusing his wife of being involved with another man. He claimed her extramarital conduct led to public humiliation, impacting his social reputation.
  Proof: Witnesses confirmed the wife's repeated association with the alleged partner. Her communications and social outings suggested a close relationship beyond friendship.
  Observation: The Supreme Court held that her actions, which were socially damaging to the husband, amounted to mental cruelty. Divorce was granted, as the wife's conduct had effectively ended the marriage's sanctity.
   
• Naveen Kohli v. Neelu Kohli
  Citation: (2006) 4 SCC 558
  Facts: Naveen Kohli alleged that his wife, Neelu, was involved in multiple affairs and humiliated him publicly. He claimed her infidelities caused significant emotional distress.
  Proof: Testimonies, diary entries, and phone records were provided to establish a pattern of her interactions with other men. Witnesses testified to seeing her in compromising situations.
  Observation: The Supreme Court held that the wife's extramarital relations, along with her attempts to malign her husband, constituted mental cruelty. The marriage had irretrievably broken down, leading to the grant of divorce.
   
• Dastane v. Dastane
  Citation: (1975) 2 SCC 326
  Facts: Dr. Dastane filed for divorce on the grounds of cruelty and suspected adultery. He claimed that his wife's behaviour, including excessive anger and erratic conduct, was aggravated by her closeness to another man.
  Proof: Though direct evidence of adultery was lacking, Dr. Dastane produced letters and testimony indicating her mental instability and possible infidelity.
  Observation: The Supreme Court acknowledged that, although proof of adultery was circumstantial, the wife's behaviour constituted cruelty. The court accepted that continued cohabitation would be detrimental, granting a divorce.
   
• Gurbux Singh v. Harminder Kaur
  Citation: AIR 2010 SC 1898
  Facts: Gurbux Singh alleged his wife was in a relationship with a colleague, creating significant turmoil in their marriage. He argued that her affair was common knowledge in their social circle.
  Proof: He presented call logs, photographs, and testimonies from friends who had seen the wife with her colleague on multiple occasions, including overnight trips.
  Observation: The Supreme Court observed that the evidence indicated an extramarital affair, which caused an irretrievable breakdown in the marriage. Recognizing the mental agony caused to the husband, the court granted a divorce.
   
• Samar Ghosh v. Jaya Ghosh
  Citation: (2007) 4 SCC 511
  Facts: Samar Ghosh sought a divorce, claiming that his wife's conduct was mentally torturous. While not explicit about an affair, he argued her relationships with other men were inappropriate.
  Proof: Testimonies highlighted the wife's emotional neglect, her disregard for the husband's feelings, and her interactions with male friends that often excluded him.
  Observation: The Supreme Court ruled that the cumulative effect of her actions constituted mental cruelty. While not direct adultery, her conduct led to an unbearable marriage, resulting in a granted divorce.
   
• Suresh Babu v. Leela
  Citation: AIR 2007 Ker 59
  Facts: Suresh Babu alleged that his wife, Leela, engaged in a relationship with her former classmate. He claimed her affair disrupted the family, causing emotional distress.
  Proof: Suresh submitted phone records, witness statements, and instances where the wife was seen with the alleged partner, supporting his claim.
  Observation: The Kerala High Court acknowledged that the wife's extramarital relationship amounted to mental cruelty. The court held that such conduct breached marital trust, granting Suresh a divorce.
   
• Bipin Chandra Shah v. Prabhavati
  Citation: AIR 1957 SC 176
  Facts: Bipin Chandra claimed that his wife, Prabhavati, was frequently in the company of another man, leading to an emotional breakdown in their marriage.
  Proof: Evidence included testimonies from neighbours and relatives, who observed Prabhavati's frequent interactions and closeness with the man.
  Observation: The Supreme Court held that her conduct, while not definitively proving adultery, was sufficient for divorce on grounds of cruelty. The relationship caused irreconcilable harm to the marital bond.
   
• Ramesh Chander v. Savitri
  Citation: AIR 1995 SC 851
  Facts: Ramesh Chander alleged that his wife, Savitri, was romantically involved with another man, and this affair impacted their social reputation and mental peace.
  Proof: Evidence included letters, family members' testimony, and accounts from those who had witnessed her behaviour with the other man.
  Observation: The Supreme Court recognized that the wife's actions led to mental cruelty, with her extramarital involvement being socially and personally damaging to her husband. Divorce was granted due to the irreparable nature of the harm.
   
• Chandra Kala Trivedi v. Dr. S.P. Trivedi
  Citation: AIR 1993 MP 115
  Facts: Dr. Trivedi claimed his wife, Chandra Kala, had an ongoing affair, which disrupted family harmony. He alleged that she was dismissive of family responsibilities and openly met with her lover.
  Proof: He provided photographic evidence, call records, and testimonies from friends and neighbours to support his claim.
  Observation: The Madhya Pradesh High Court found that Chandra Kala's conduct amounted to mental cruelty, impacting her marital obligations. Given the evidence, the court granted the divorce.
   
• Anil Kumar Jain v. Maya Jain
  Citation: AIR 2009 SC 1953
  Facts: Anil Kumar alleged that his wife, Maya, maintained relations with another man, leading to frequent confrontations and loss of trust in their marriage.
  Proof: He provided evidence of her social outings, phone records, and affidavits from friends who had observed her conduct.
  Observation: The Supreme Court recognized that the extramarital relationship and the mental cruelty it caused were sufficient grounds for divorce. Observing the irreparable nature of the damage, the court granted the divorce.

My earlier article on the same subject illustrates the topic theoritically which may be useful for the readers for better understanding.

Written By: Prithwish Ganguli, Advocate - LLM (CU), MA in Sociology (SRU), MA in Criminology & Forensic Sc (NALSAR), Dip in Psychology (ALISON), Dip in Cyber Law (ASCL), Dip in International Convention & Maritime Law (ALISON), Faculty, Heritage Law College, Kolkata