Legal Advice

Wife had sexual relations with a guy before the marriage

Question: There is a girl who was live in relationship from last 2 years. She married a person and after marriage disclosed this fact. Her husband filed a petition under section 12(1) of HMA and a case of breach of trust and cheating was also filed against her. What are the provisions by which marriage can be declared as void in this situation?

Advise

Sexual intercourse before marriage is not a ground to render the marriage void. Adultery is a ground of divorce under Section 13 of the Hindu Marriage Act.  But sexual intercourse with an unmarried girl does not constitute the offence of adultery. 

Section 12 of the Hindu Marriage Act provides some grounds upon which a marriage is voidable. Deception, fraud, compulsion etc are the grounds of voidable marriage. But Section 12 does not recognise premarital sex as a ground of voidable marriage. In this condition the husband cannot receive any relief from the court. All the cases are baseless. There is no cheating on the part of wife. She was not bound to disclose the premarital sex at the time of marriage. Premarital unchestity is not a ground of nullity under Section 12 of the Hindu Marriage Act.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Marriage

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