Annulment of marriage for concealing past affair

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.

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. 

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?

 

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!

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?

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.