Published on July, 01 2025
Illegal relationships in India can bring serious legal as well as social consequences. Like extramarital affairs or relationships not recognised legally, such relationships open up too many questions regarding individual rights and legal responsibilities. Understanding what makes a relationship illegal under law is important to avoid trouble and protect your future. Whether it involves emotional distress, divorce and even criminal offences, knowing the legislative framework around such relationships will assist you in making informed and safer choices.
What is Considered an Illegal Relationship in India?
An illegal relationship is a relationship that does not comply with Indian laws. This may consist of:
- Marrying another person while already married is known as bigamy.
- Having a relationship outside of marriage is known as an extramarital affair.
- Relationships with minors are prohibited by child protection laws.
- Depending on the circumstances, these relationships could have various legal repercussions.
Certain relationships are prohibited by Indian marriage laws, such as the Muslim Personal Law and the Hindu Marriage Act. Even though social perceptions are evolving, these kinds of relationships can still result in legal problems.
Why are Some Relationships Illegal?
- They work against the social fabric and cultural beliefs of India.
- They go against the religion- and law-based definitions of marriage.
- They could cause harm, including abuse and have no legal rights.
The Legal Perspective on Extramarital Affairs in India
What does the law say?
Adultery was considered a crime previously under Section 497 of the Indian Penal Code (IPC). In 2018, the Supreme Court of India ruled that adultery is not a crime anymore. Therefore, an extramarital affair is legal in India, but would be considered a valid ground for divorce.
Legal implications of extramarital affairs
- Divorce petitions: A spouse can file for divorce, citing infidelity as a valid ground.
- Mental cruelty: If an affair caused mental harassment, it can be a basis to provide evidence of the abuse.
- Property issues: Adultery may influence how the court divides property.
Bigamy and Live-in Relationships: What the Law Says
Bigamy – Is It Legal?
- According to the Hindu Marriage Act, marrying again while still married is illegal.
- Muslim law permits multiple marriages, but only under certain conditions.
Punishments for Bigamy under IPC law
- Bigamy can lead to jail time of up to 7 years. According to Section 494 of the IPC. A spouse repeating the act of marrying without the legally recognised termination of the previous marriage constitutes bigamy.
- In Section 495, bigger penalties are applied if the subsequent new spouse has been married without their knowledge.
Live in relationships
- Live-in arrangements are not illegal, however, they are not recognised or regarded in the same way as a marriage contract.
- Legal rights of partners in live-in situations are not on par with those afforded to legally married partners.
- The Supreme Court has opined that prolonged cohabitation outside marriage can, for legal purposes, be deemed as marriage.
Social and Personal Consequences of Illegal Relationships
Family Problems
- Divorce and Separation: Such a kind of extra-marital relationship usually spells divorce.
- Losing Trust: It is very hard for people to trust again once their trust is broken.
- Disputes on Children and Property: After a breakup, it is common to have arguments concerning children and money.
Emotional Distress
- Stress and Sorrow: Betrayals may hurt and cause mental health disorders.
- Lowered Self-Esteem: The victims might feel less confident to trust again.
- Guilt: The cheating partner feels the burden of regret.
Social and Work Prominence
- Socially Blacklisted: Bad moral connotations are certainly given to these actions in public.
- Judgment from Friends and Family: Affected individuals may face estrangement from close friends and relatives who disapprove of the relationship.
- Unlawful in Absentia: In some cases, an employee may even be dismissed from their job.
- Money and Property Disputes: In settling the division of assets, an adulterer may have a hard time.
- Custody of Children: Courts may take the issue of morality into account when deciding on custody.
Getting help from a marriage annulment lawyer in Delhi can make dealing with these legal issues easier.
Psychological Effects of Extramarital Affairs
Cheating in a relationship not only hurts your partner but can also cause emotional stress for everyone involved.
- Emotional Trauma in Children: Children of separated or divorced parents often suffer from emotional instability, confusion, and trust issues.
- Insecurity and Fear of Abandonment: Both partners may develop fears about future relationships and abandonment.
- Behavioural Changes in Affected Spouses: Increased irritability, social withdrawal, and substance abuse may occur as coping mechanisms.
- Long-Term Relationship Problems: Victims of infidelity often struggle with trusting future partners, leading to difficulty in building new relationships.
Legal Recourse for Affected Individuals
If you are impacted by an illegal or extramarital affair, there are legal pathways you can take to protect yourself and your rights.
What can you do?
- Get a Divorce on the Ground of Adultery or Cruelty: Adultery can be used as a basis for a divorce, and cruelty can refer to emotional and mental distress.
- Request Alimony and Monetary Relief: Depending on the jurisdiction, the affected spouse can obtain money for lost financial support.
- Request Child Custody and Support: If there are kids, the spouse who is cheated on could ask for sole or joint custody along with financial relief.
- Collect Evidence Before Filing a Case: It is important to collect appropriate documentary evidence, such as messages, financial records, witnesses, etc., to assist in making your case. If you consult the best lawyer in Delhi , this may assist in dealing with the legal process.
- File for Defamation or Emotional Distress Case (If Applicable): The cheated spouse, in some cases, could pursue a defamation or emotional distress lawsuit.
- et Legal Advice from a Lawyer: Consult a Criminal Lawyer in Delhi for Legal Advice - Having legal advice helps ensure that the aggrieved person is fully aware of their rights and options.
What Happens to Property During Divorce?
| Situation |
Legal Outcome |
| Jointly owned property |
Divided based on contribution |
| Husband’s property |
The wife can claim maintenance, but not ownership |
| Children’s rights |
Equal rights in the father’s property |
Conclusion
In India, illegal relationships remain sensitive and practically complex. You must know your rights before entering any type of relationship of that nature. If you are dealing with legal problems, you should consult a Divorce Lawyer in Delhi because he or she is trained for dispute resolution in case. When violations occur, a Sexual Offence Lawyer Delhi will ensure you get proper representation and your rights are protected.
Advocate Priya Paul
Advocate Priya Paul, a proactive Delhi-based advocate, leads a skilled team. Her blog shares insights and updates on legal issues, helping readers navigate the law.
Frequently Asked Question
Does an affair impact child custody matters?
+
Yes, courts can consider an affair if it impacts your child's best interests or safety.
Is a second marriage valid if the first marriage is not legally ended?
+
No. Under Indian law, your second marriage would be considered void if you did not legally end the first one.
Can you be legally compelled to leave an extramarital relationship?
+
No, but a spouse can divorce their spouse or seek alimony for the opponent's infidelity.
Are there legal consequences for hiding a marriage?
+
Hiding a previous marriage and remarrying is a criminal offence under Section 495 IPC and can lead to imprisonment.
Can a live-in partner claim a share in the property?
+
Yes, if you can establish that you have lived in a long-term relationship that operates with the same traits as a marriage, they can make a claim.
