Legal Question in Criminal Law in India

hello

Both are hindu.Wife has hidden her qualification and pre marriage intimate relationship at the time of marriage.After marriage husband came to know about it.But he condone her wrong doing anf forgive her and continues marital relationship with her.After spending seven mothe with her after discovering the truth husband realised he doesnot like his wife.So want to divorce her.Husband made wife's past mistake like hiding qualification,pre marriage intimate relationship to husband to get divorce from wife though husband continued relationship with wife even after knowing the truth.

Husband started mentally torturing wife to give him divorce by taunting her for hiding qualification,post marriage intimate relationship along with his parents.

1)Can husband get divorce on the ground mentioned above?

2)Is it cruelty towards wife if husband taunt wife for hiding qualification,pre marriage intimate relationship though continued his relationship with his wife even after knowing the truth?


Asked on 4/05/09, 4:08 am

6 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: hello

HELLO

GOOD AFTERNOON!

In this case the wife can file a complaint of cruelty, mental harrasment and domestic violence against her husband.

IN CASE OF NEED PLEASE CONTACT PERSONALLY ALONGWITH THE DETAILS.

OR

PLEASE MAIL FOR FURTHER QUERY.

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Answered on 4/06/09, 5:47 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: hello

1)No but wife may.

2)the answer depends on extent of torture

If possible consult personally with details(chgs Rs 100/- only)

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Answered on 4/05/09, 7:53 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: hello

(1) The husband is not entitled to seek divorce on the grounds mentioned in this statement, more particularly, since he had been living together with his wife after knowledge of the allegedly incriminating material.

(2) Even otherwise, if qualification was not the basis of marriage, hiding the same may not constitute cruelty. Pre-marital relationship may also not be a basis for seeking divorce.

The wife may be entitled to file a complaint of cruelty and domestic violence against the husband.

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Answered on 4/05/09, 9:04 am
Yanala LaknaReddy Law towers

Re: hello

! Husband cannot plea that ground because he condoned it.

2.It amounts to crueality.

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Answered on 4/05/09, 8:48 pm
Pranav Desai PD Legal & Associates

Re: hello

You question is answered by my colleagues

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Answered on 4/10/09, 1:01 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: hello

1. No, on the grounds of hiding her qualification. Yes, on the ground of extra martial affairs.

2. Yes.

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Answered on 4/06/09, 1:34 am


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