Adultry is covered under section 13(1)(i) of Hindu Marriage Act (HMA) and constitute a ground for seeking divorce by the spouse. De-criminalisation of the act does not mean it cease to be a civil offence. It's like De-criminalisation of same sex act, which means that persons involved can not be punished for it if there are no other laws demanding punishment for the act. Adultery still remains ground for divorce, only the person concerned will not face punishment for the act if the spouse do not object.Ye kaun sa order hai bhai, enlight every male about it. Last I heard was wife can not be charged for adultery. Wifes lover could be in the past, but now even he can not be charged. It's not a criminal offence.
However, the onus of proving adultery is the responsibility of the spouse initiating divorce proceedings. Also note that if the spouse have tolerated the adultery of his/her spouse for sufficiently long period despite knowledge of the adultery, it forms a ground for condonation of the act.
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