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The ground for getting a decree for divorce on the grounds of adultery is provided as: The Respondent has after solemnization of marriage, had voluntary sexual intercourse with any person other than his or her spouse. In other words, the spouse who engages in extra-marital intercourse is guilty of adultery. Under the Dissolution of Marriages Act, adultery as such is not a ground for divorce, but if the husband associates with women of evil repute or leads an infamous life, it amounts to cruelty to wife and she can sue for divorce on that ground. This seems sometimes akin to living in adultery extramarital affairs. But none of these enactments, except the Parsi Marriage and Divorce Act, confers any such corresponding right on the husband to dissolution of marriage for extra-marital sexual relations maintained by the wife.

It was held that stamping the child as an outcome an adulterous relation or charging a woman for extramarital intercourse is a serious thing with legal consequences. No woman can be blamed for an adulterous relation relationship and no child can be called as illegitimate unless there is conclusive evidence in support of such conclusions.

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