Paid Advise

Wife had sexual relations with a guy before the marriage

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Marriage

Reading Time:

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?

Question from: Haryana

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.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Marriage in young age valid or invalid

Question: Marriage in young age valid or invalid. My question is that if a family has married their children at a young age, then their marriage will be valid? If the children have grown up later then it's gonna be valid later? Or else it won't be valid because the...

Marriage against the consent of parents

If the bridegroom is 21 years and bride is 22 and they want to marry against the consent of their parents. What will be the cause for this? Can they marry? Question from: Andhra Pradesh Section 5 of the Hindu Marriage Act does not forbid a marriage if it has been...

Marriage when age of bridegroom is below 21 years

I want to solemnise marriage but age of bridegroom is below 21 years. We are in a relationship for past 4 years. And we decide to get married. But the girl's family doesn't allow her to do so. They First emotionally black mailed her. But she doesn't listen to them....

Can I live in relationship with a married person?

Question: Can I live in a relationship with a married person who does not live with his wife? I love him a lot. Actually, we were wet on a dating website. I want to know whether our relationship will be valid? Can I enforce those rights available to married...

Married Hindu can marry a Muslim girl without divorce

Bigamy is banned by Section 5 of the Hindu Marriage Act. This section mandates that the marriage of a Hindu is void if he has a spouse living at the time of the marriage. If a married Hindu contracts Nikah with a Muslim girl with or without conversion, the Nikah will be void and he shall be prosecuted under Section 494 IPC for the offence of bigamy.

My sister in law hates my love affair

Personal view or observation of a person does not constitute domestic violence. The proceeding under Protection of Women from Domestic Violence Act cannot be initiated against the sister in law who is protesting the marriage of her sister in law with her brother. Such a protest does not amount to mental abuse defined under the DV Act.

I want to marry with my boyfriend at any cost

Marriage is a personal decision of a person. No one can force him to marry if he does not want to. In the Shakti Vahini case the Supreme Court has held that the right to choose a life partner is a fundamental right and no one can compel an adult person to marry with a particular person or a person of his choice.

Marriage after divorce from first wife is valid

My friend is planning to marriage after divorce from his first wife. His wife is also ready for divorce. They have been living separate from five years. My friend is living in USA and his wife in India. He loves a lady who is a citizen of UK. She is a bachelor and...

My boyfriend does not accepting marriage

My boyfriend does not accepting marriage whereas, I solemnised marriage with him in a temple. We were in love for more than six years and we both were agree to marry. After the marriage, we were lived together for three months. We both are adult and working in a...

Section 29: Hindu Marriage Act 1955

Section 29: Savings (1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54