Is virginity necessary requirement for a girl for her first marriage?

Question

If any man finds that his wife is not virgin in the first night, can he go for divorce according to the hindu marriage act? can he torture his wife on this ground? if he tells her personal past matter to anyone else, can she file a case of 'libel' against him?

Answer 1

Although I have given my opinion regarding your matter in your other question & even directly, but here since you have raised a legal issue regarding non-virginity as a ground of dissolution of marriage under the Hindu Marriage Act, 1955 & otherwise too, I want to reply & tell the legal opinion for the general information of all the readers. Neither under section 13 of the Hindu Marriage Act that provides grounds for divorce nor under any provision of law with regards to divorce in any Indian enactment this not a ground for divorce. Secondly, the ground of annulment of marriage as provided under section 11 & 12 of the Hindu Marriage Act,1955 the ground of taking consent of the petitioner by force or fraud for the marriage has not included the fact about the virginity was not disclosed at the time of marriage amounting to fraud that will entitle the decree of annulment on the basis of this issue, this has been held by many High courts of India, hence this cannot be used as a ground of fraud for getting the marriage annulled. Now any physical or mental torture on this issue is a punishable offence as cruelty under section 498A of the Indian Penal Code as well under the protection of women from domestic violence Act. His propaganda regarding the issue of his wife's virginity with malice to bring disrespect to her in the society definitely amounts to libel or defamation that is punishable under section 500 of the Indian Penal Code as well under section 509 of IPC for word, gesture or act intended to insult the modesty of a woman. I want to make very clear that in no way the issue of non virginity can be used by any person for either getting the marriage dissolved under any Indian enactments with regards to marriage & its dissolution nor it can be used to propagate the character of any person because this issue is merely medical in nature & it has been proved by the medical experts that loosing virginity by a lady which is usually associated with the rupturing of hymen is absolutely wrong as there can be many reasons for such rupturing of hymen during her adolescent stage itself & it has nothing to do with only her indulgence in sexual activities. Any person who on the basis of his personal or his religious belief propagates this issue of virginity is menace not only for the society in general but for womanhood specifically & such a person should be socially boycotted.

Answer 2

1) Virginity cannot be a ground for divorce.
2) Torturing the wife depends on the man's mentality and the girl can demand divorce on the grounds of torture.
3) If the husband tells the personal matters of the wife'slife, the same cannot be taken as ground for libel.

Answer 3

Your virginity is your private matter. You may be virgin but may not bleed the first time you had sex. You may have broken that skin while playing games, jumping, bicycling etc. How is he going to prove you are not virgin? I don't think there are any rules written in Hindu scriptures that allows a ground for divorce. If he is torturing you, spreading your personal secrets and if you are not happy or comfortable with it, you may sue him for defamation and use it to file for a divorce. Being a woman, you should not consider yourself a second class citizen. You have as much right as he has. You have as much feeling as any human has. Set an example out of your trouble for future generation. Go for it.

Answer 4

Virginity is a precious gift to your husband. Anyone who thinks different lost their virginity and regrets doing so outside of marriage. It's a matter of trust. Trust is the fundamental basis of a successful long term marriage. Without trust, a marriage, a relationship cannot exist for long. No long term commitment can be based on mistrust. Thus, being a virgin at marriage preserves the trust from the very beginning of that committed relationship. All other alternatives raises the probabilities of mistrust, separation and divorce. If you've been married before, then re-building the trust between partners before and during marriage is the challenge. That's why so many second marriages end in divorce because mistrust cannot be reconciled. Many women who lost their virginity prior to marriage conceived children out of wedlock and became single moms for many years.

Answer 5

I don`t know about Hindu customs, but this is America and virginity is not a requirement for marriages, nor can a husband torture his wife for not being a virgin. No husband should go around discussing his wife`s past while he is still married to her or divorced. Each country has their own customs and beliefs. It isn`t often that a man or his bride r virgins when they marry. this is modern America.

Answer 6

You cannot prove virginity. The girl's hymen can be broken through the use of tampons, for starters. It can also be torn from gymnastics and horseback riding. Some women have even been known to be born without one. Also, if she has ever had a PAP smear done by a gynecologist, she could have had her hymen torn by the procedure. So, unless she came out and told you she had previous sexual experience with another man, you have no way of knowing.

You have no excuse to torture anyone, and as for telling other people about it, that is childish and not fit behavior for a grown man.

Answer 7

Dear Aditi,
You are a matured lady, as you yourself know what can be done. But still I would first reply to your questions.
1. No he cant go untill and unless he had solid proof to prove that she has sexual relationship with somebody else.
2. No body can torture his wife even if she has relationship with others. (as per the rule)
3. Yes, once he knew the things why did he marry her? If he comes to know after marriage he would be making ground for divorce.In that case you could not do so but why cant you dump him ?

Answer 8

Sure, virginity is important requirement for a girl for her first marriage...

u one of the my friend girl friend dated with the my friend and then she married another person, after 1 months she got huge problems... u know if a perfect person (he know what is sex and having knowledge about sex.. ) then he is identified definately a girl is virgin/or not ?

so don't misbihave the guys,, they can also try to find out whether the girl participated sex or not?

if u married(after having sex), the true will be comes out ?

u read this story..
my friend story...

after marraige the girls first,second, third nights are over.. then after one week after, at night during participation she says... her boy friend name.. ( with a erection time...), she caught by her husband,, but she compromised.. but again it happens after 10 days..., the husband know she has affair with some one...
so don't make mistake....

if u any queries meet me online: [e-mail]

Answer 9

This is one reason I thank God we live in a democratic society that allows women to vote. I can't imagine the question, let alone the answer from a traditionist Hindu in India. Can he torture his wife? How can not everyone see what's wrong with that?

Answer 10

Not at all. It is needed for a woman only to the extent it is must for a man. Moreover, mental virginity is more crucial for marriage than the physical one. Remember that both are difficult to prove.

Answer 11

HEY.. THERE IS VERY LESS CHANCE TAHT HE WILL FIND OUT .. AND THERE IS NO HARD AND FAST RULES TO SAY THAT HE CAN DIVORCE U..

ONE THING IS ONLY IF HE IS NOT A VIRGIN HE CAN FIND OUT.. AND EVEN IF HE FINDS OUT U CAN TLL HIM THAT UR HYMEN BROKE WHEN U WERE PLAYING GAMES...
'
VIRGINITY CANT BE PROVES IN EVERYONE.. \
FOR SOME GIRLS THE HYMEN GET TORED COZ OF ACTIVE PARTICIPATION IN GAMES..

AND WHEN HE IS NOT A VIRGIN WHY SHOULD HE WANTS A VIRGIN WIFE..

U AHVE LOTS OF POINTS

ALL THE BEST AND STOP WORRYING