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Report No. 15

51. Adultery.-

Under section 10 of the Indian Divorce Act, 1869, it is a ground for divorce that the wife "has been guilty of adultery", and this follows the English law on the subject. That is also the provision under section 27 (a) of the Special Marriage Act; but the corresponding provision of the Hindu Marriage Act, section 13(1)(i), requires that the respondent must be "living in adultery". That imports a course of conduct, whereas on the language of section 27(a), even a single act of adultery will be sufficient ground for divorce. But the law that has at all times been in operation among the Christians is that even a single act of adultery is a ground for divorce, and as there is no serious opposition to it, we do not propose to depart from it. We have accordingly provided, following the language of section 27(a), that adultery is, in itself a ground for divorce.

Report on the Law of Christian Marriage and Divorce Back

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