Divorce · 19 May 2026
Divorce Granted on Grounds of Adultery; Direct Proof of Sexual Intercourse Not Mandatory
High Court of Judicature at Madras · CMA No. 2264 of 2022 | 2026 LiveLaw (Mad) 214
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The husband, a CRPF constable stationed away on border duty, alleged that his wife had developed an illicit relationship with another man in their village. The Family Court had refused divorce citing lack of direct ocular evidence of sexual intercourse.
The Madras High Court held that adultery is an act of secrecy and obtaining direct ocular evidence of sexual intercourse is practically impossible. Continuous association, close proximity, and credible circumstantial evidence meeting the civil standard of preponderance of probabilities are sufficient to establish adultery.
Relevant provisions: Section 13(1)(i), Hindu Marriage Act, 1955
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