Legal Question in Family Law in India
void marriage
Both are hindu.Got married under hindu marriage act.Husband came to know before marriage wife had physical relationship with another guy.Wife hided this fact before marriage.Husband came to know about it from the letter wife wrote to that guy before marriage and confessed that she had physical relationship with that guy and sepnt some hour with that guy before marriage in a hotel room.Husband want to file petiton to declare that marriage as void as wife hide this material fact before marriage and husband would not have married wife if he would have know this before marriage.
1)Is this ground enough to declare marriage as void?
2)With how many months petition has to be filed for declaring marriage as void?
2 Answers from Attorneys
Re: void marriage
No the marriage would have been void only if she was married before and had not obtained divorce from former husband. So in present case you need to obtain divorce as usual in ordinary course.
Re: void marriage
You may not be entitled to any relief as the situation mentioned by you does not constitute any matrimonial offence.
A girl's pre-marital relationship does not constitute any offence whatsoever. You are not entitled to peep into her past life and rake up dead issues.
However, if the relationship is still continuing even after her marriage with you, only then you may be entitled to divorce on this ground.
If you rake up this issue at this stage, you may be guilty of cruelty and violence and may suffer criminal prosecution and a possible jail term.
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