Upgrad LLM

annulment of marriage for concealing past affair


Hi, My name is Rahul sharma and got married this year. My wife had an affair/s*xual relation with her boyfriend before marriage and had not disclosed to me before marriage. she has continued affair/adultery after marriage with her boy friend. I have evidence that wife has not disclosed about her past s*xual relationship before marriage to me. If she has disclosed to me about her affair/s*xual relation about this prior to marriage, i would have never agreed for marriage. Does this come under "constent to marriage was based on fraud" as she has concealed about her past s*xual affair? 1. Can i file for annulment of marriage as in this case? 2. if we have good evidences, How long will annulment in general take? Thanks, Rahul
 
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Retired employee.

Mr.Rahul,

Consensual s*x is not an offense even during married life..  It is very difficult to prove that.  Trust and fidelity is required after marriage.

Contact a marriage counselor for such a remedy and forget the past.

The past may ruin the present and future however terrible it may be.

 
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Annulment in HMA means If consent for marriage is taken by fraud or by force. 


False particular or suppression of facts in biodata, wrong info of Age, not informing having children before marriage etc as of now.

But you can take divorce under adultery
If you have concrete proofs of her what you are alleging.
 
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Hello,

As per me, you will not have any recourse against the wife for having a love affair and s*xual relation with boyfriend prior marriage. However, if she continued the same even after marriage then you can file a divorce in court. 

 
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Advocate

The facts, as posted are inconsistent. if it is that "she has continued affair/adultery after marriage with her boy friend", why you are confining the issue to the alleged affairs only?

 

 
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Hello Rahul,

Section 12(c) of the Hindu Marriage Act states that a marriage is voidable if the consent of one party is obtained by force or fraud. Fraud must affect marriage fundamentally. In your case, it doesn’t affect the marriage fundamentally. Affair before marriage and its non-disclosure at the time of marriage cannot be a ground for nullity.

The scope of word fraud is limited to these purposes:

  • The nature of the ceremony or
  • Any material fact or circumstance concerning the respondent

You can file for divorce on the ground of s*xual intercourse with another person under section 13(i) of HMA, 1995. If you have good evidence of s*xual affair after marriage, it can be granted in about 18-24 months.

Hope this helps!

 
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Hello Sir,

As past affair is concealment of fact, and consent to marriage is taken by hiding facts. Can this not be treated as fraud for annulment of marriage?

 
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Retired employee.

The events that can be established with evidence/witness is treated as "Fact" in the eyes of law.  There is no such relationship between the two parties before marriage.  Many offered their guidance, it is left to you either to take the guidance or proceed as per your assumptions.

 
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