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arun (It)     01 November 2012

Fraud in marriage

girl and parents cheated us hiding love affair. We have found after marriage. My Bother and she not had physical relation ship . when we spoke with their parents and she agreed to live happily with my brother forgetting past. We have accepted her and she came to our house. After that she told to my bother she will live whom she likes.  We have sent her back to their home. After this incident we have filed divorce case under fraud and cruelty(denying of s*x) . we have filed  case with in year of knowing fraud.

My question here.

Is that judge/advocate can ask question after knowing fraud you people accepted right ? how to respond to them.  We want to know how strong this case.



Learning

 32 Replies

stanley (Freedom)     01 November 2012

Wilful denial of s*x, including that on the first night after wedding, by either of the spouse amounts to cruelty and can be a ground for dissolution of the marriage. A marriage without s*x is anthema prior to marriage what has taken place is irrevalent after marriage what takes place is relevant 

arun (It)     01 November 2012

thanks for your response.  I was told hiding love affair before marriage come under fraud. This is one ground of dirovce under annulment.

Nitish Banka (lawyer)     01 November 2012

Adultry,non consumation of marraige are the grounds for divorce

stanley (Freedom)     01 November 2012

 

 
Sex Denial to Spouse Basis of Marriage Annulment: HC
 
Wilful denial of s*x, including that on the first night after wedding, by either of the spouse amounts to cruelty and can be a ground for dissolution of the marriage, the Delhi High Court has ruled.

Justice Kailash Gambhir gave the verdict, upholding the lower court's decree of divorce to a man having a "s*x-starved marriage" as his wife refused to have s*xual intercourse with him on the wedding night and making him long for it for the subsequent five months, left her matrimonial home.

"In the present case, the testimony of the husband that the wife was never responsive and was like a dead wood when he had s*xual intercourse with her remained unrebutted.

"It is not that the husband had s*x with his wife only about 10-15 times from the date of his marriage within a period of five months, but the wife's cruel act of denying s*x to the husband especially on the very first night and then not to actively participate in it even for the said limited period for which no contrary suggestion was given by the wife," the court said.

It cited various Supreme Court judgements on the issue and said "it is evident that wilful denial of s*xual intercourse without reasonable cause would amount to cruelty."

Referring to the apex court's observation that "s*x is the foundation of marriage and marriage without s*x is an anathema," Justice Gambhir said, "Marriage without s*x will be an insipid relation." 

The high court, however, said frequency of s*x cannot be the only parameter to assess the success or failure of a marriage as it differs from couple to couple as to how much importance they attach to the s*xual relation vis-a-vis the emotional relation.

"There may be cases where one partner to the marriage may be over s*xual and the other may not have the desire to the same level, but otherwise is fully potent.

"Marriage is an institution through which a man and a woman enter into a sacred bond and to state that s*xual relationship is the mainstay or the motive to be achieved through marriage would be making a mockery of this pious institution.

"By getting married, a couple agrees to share their lives together with all its moments of joy, happiness and sorrow and the s*xual relationship between them brings them close and intimate by which their marital bond is reinforced and fortified," the court said.

The high court said in matrimonial cases, more often than not it is a challenging task to ascertain as to which party is telling truth as usually it is the oral evidence of one party against that of the other.

"What happens within the four walls of the matrimonial home and what goes on inside the bed room of the couple is either known to the couple themselves or at the most to the members of the family, who are either residing there or in whose presence any incident takes place.

"Whether the couple has had s*x and how many times or have had no s*x and what are the reasons; whether it is due to the denial or refusal on the part of the wife or of the husband, can only be established through the creditworthiness of the testimonies of the parties themselves.

"Consequently, the absence of proper rebuttal or failure of not putting one’s case forward would certainly lead to acceptance of testimony of that witness whose deposition remains unchallenged," the high sourt said while dismissing the appeal of the wife.

The couple had got married on February 17, 1991 and lower court verdict allowing divorce to the husband was delivered in February 2001.
 
 

arun (It)     01 November 2012

Hi Nitish, She had affair before marriage. they hide from us. she did not had physical releation ship with boyfriend.  is this qualify under fraud and ground of divorce

arun (It)     01 November 2012

why 10 years took give judgement?

Nitish Banka (lawyer)     01 November 2012

But how can you proove if there is a physical relation,The proof of adultry is circumstantial thee vidence that she and her boyfriend had a close relationship is enough.

arun (It)     01 November 2012

we cant prove physical relationship. but we have proof she got affair before marriage they have hidden the same.  Is this ground for divorce?

Nitish Banka (lawyer)     01 November 2012

Affair before marraige is not fraud in itself but affair after marraige is adultry.

Chetan Joshi (Advisory/Advocacy)     01 November 2012

since you've filed the case already...let me tell you that only one is valid ground for divorce...

tell the judge that she took advantage of your lineancy and your love for her...your acceptance of her doesnt kill the fact that fraud didnt exist....

 

All the best...

 

chetan.7679@gmail.com 

1 Like

stanley (Freedom)     02 November 2012

Originally posted by : Nitish

But how can you proove if there is a physical relation,The proof of adultry is circumstantial thee vidence that she and her boyfriend had a close relationship is enough.

 

Section 497. Adultery

The law of adultery as it stands in India punishes only man, and assumes that in all cases ‘man is the seducer’ and the women, who is an equal participant is viewed as a victim.

arun (It)     02 November 2012

Affair before marriage is not fraud . I agree.  Hiding of affair before marriage to boy family . Is this not fraud?  Family reputation is effect in the society.  everybody asking you guys accepting after knowing fact of affair. Our family reputation gone.

arun (It)     02 November 2012

Hi chetan,

thanks for your response. So hiding affair before marriage. Is qualify for divoirce?

Are you lawyer?

Thanks

Arun

Chetan Joshi (Advisory/Advocacy)     02 November 2012

Yes it does qualify....there is no straight jacket formula to what amounts to fraud but things like hiding age/ affairs/ disease/ financial status have been seen as fraud...

 

Thanx

 

Feel free to get in touch....

 

Chetan.7679@gmail.com

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