Internet infidelity in India: The availability of legal recourse

Abstract

This chapter discusses the possibility of criminalizing internet infidelity in India. In the absence of literature or case law on the subject, relevant divorce cases are studied to analyse the repercussions with regard to acts of internet infidelity. The scope of the chapter is limited to analysing recent case law relating to marriage and divorce, and does not include a comparison of the phenomenon of internet infidelity in India with other jurisdictions. Adultery is strictly interpreted by the Indian judiciary as limited to sexual intercourse, excluding from its purview the phenomenon of internet infidelity. However, the chapter further analyses whether online infidelity could amount to a form of mental cruelty. In addition, case law in which love letters were used to establish adultery is examined. The current Indian judicial and legislative temperament in contemplating marriage and divorce laws is also briefly discussed.