Astronomer CEO Andy Byron divorce rumours: What Indian alimony laws say about infidelity

In India, the grant of alimony—whether interim or permanent—is governed primarily by Sections 24 and 25 of the Hindu Marriage Act, 1955, as well as corresponding provisions under the Special Marriage Act, the Parsi Marriage and Divorce Act, and Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Though adultery was decriminalised by the Supreme Court in the landmark Joseph Shine v. Union of India (2018) ruling, it remains a valid ground for divorce under civil matrimonial law and is often factored into decisions around alimony.

“Infidelity continues to carry weight in civil proceedings,” says Tushar Kumar, Advocate, Supreme Court of India. “Where a divorce is granted on the ground of the husband’s adultery, courts tend to sympathise with the aggrieved wife, especially when deciding the quantum of alimony. Though the law doesn’t mandate a fixed percentage, Indian courts have typically awarded maintenance in the range of one-fourth to one-third of the husband’s net monthly income. This can increase if there’s evidence of aggravated misconduct or long-standing marriage with children involved.”

Contrary to some Western jurisdictions, Indian matrimonial law does not follow a "community property" model. There is no automatic 50-50 division of assets upon divorce.

“The division of property is guided by ownership and financial contribution—not moral blame,” Kumar explains. “While infidelity can influence alimony, it doesn’t entitle the aggrieved spouse to a share of the other’s personal assets unless those assets are jointly held or acquired with demonstrable contribution from both parties.”

Can infidelity impact the divorce settlement?

While infidelity doesn’t guarantee a larger financial settlement, it can tilt the scales in certain areas.

“Indian courts don't typically divide property based on moral conduct,” says Alay Razvi, Managing Partner, Accord Juris. “But conduct does matter when determining alimony. If the husband is found guilty of adultery, courts often lean toward awarding more favorable terms to the wife. On the other hand, if the wife is the adulterous party, courts may deny or reduce permanent alimony.”

In essence, property division in India hinges more on ownership, contribution, and need—less so on morality. However, infidelity can still influence the overall financial outcome through its impact on maintenance awards.

Does a cheating wife lose the right to alimony?

The short answer: potentially, yes. “Under Section 25(3) of the Hindu Marriage Act, the court can deny or revoke alimony if the wife is proven to be living in adultery,” says Razvi. “However, the burden of proof is high. The husband must present clear, corroborative evidence—mere suspicion or hearsay won’t suffice.”

Even if adultery is proven, interim maintenance under Section 24 may still be granted if the wife is unable to support herself. Permanent alimony, however, can be forfeited.

“The burden lies on the party alleging infidelity to furnish cogent, corroborative evidence that meets the judicially accepted standard of preponderance of probabilities. It is only upon such a finding that the court may, in its wisdom, reject or withdraw the benefit of maintenance to the errant spouse," says Kumar.