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Extramarital Affairs-Top Reason For Divorce: Gujarat HC [Read Judgment]

Adultery undermines a relationship’s foundation and is one of the main reasons of a relationship crisis around the world, the Judge said.

“The extramarital affairs are increasing in   number.   This   is   one   of   the   highest   reasons   for   divorce. The extramarital affair has devastating results”

Gujarat High Court Judge Justice JB Pardiwala made the above  observation while hearing a petition by a husband seeking to quash FIR against him and his parents under Domestic Violence Act. The Court refused to quash the FIR.

Referring to the pleadings and genesis of dispute between the couple, the court observed: “It appears that husband, his wife and their two children were one happy family until one another lady by name ‘X’ came in the life of the husband.”

Justice Pardiwala observed that the effects of extramarital affairs are devastating and victims may take long to get over the misery. “Infidelity can occur even in the strongest of the marital relationship. An extramarital challenges the sanctity and strength of a relationship, causing turmoil in personal and social world of the people.”, the judge said.

The Court observed that the worst thing with the extramarital affairs is that they usually ruin the life of a person who did nothing wrong, like the children in the present case. “I take notice of the fact that one daughter has attained majority. The family will have to search for a good match for her. With such problems in the family, the daughter may not easily get a good match. This is one very peculiar problem. Unfortunately, in the Indian Society, the good virtues of the girl would not be seen if the father or the mother has a problem.”, the court said.

The court also observed that adultery undermines a relationship’s foundation and is one of the main reasons of a relationship crisis around the world. An extramarital affair wreaks havoc bringing in several negative effects, causing unbearable emotional pain and mental trauma for the faithful partner who never even thought of going though such a phase, the court said.

The Judgment also quotes articles by Dr. Scott Haltzman, a longtime therapist and expert on infidelity and marriage and another from Huffington Post.

Recently referred the Supreme Court referred a petition challenging the Constitutional validity of Section 497 IPC which deals with Adultery,  to the constitution Bench.

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Read the Judgment Here

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