If any husband make a litigation against his wife that his wife participated in sex before her marriage and successfully prove so, what will happen to that lady? If that lady confesses that the statement is right, will marriage be broken? I have got married according to Hindu marriage act.
2007-06-13 18:42:17 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Although I have given my opinion regarding your matter in other question, but here since you have again raised this legal issue in your question 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 neither 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. 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. In Surjit Kumar V/s Smt. Raj Kumari AIR 1967 Punj 172, the Hon'ble High Court had held that non disclosure of the pre-marital affairs of one of the spouse will not amount to fraud nor is a general representation or assurance that the girl was good even if it was later found that the girl had had a love affair, there is no obligation on the spouse to disclose his or her pre-marital affairs to the other spouse. I hope this will satisfy Shrichand Nahar if still he is not satisfied he can go & challenge this judgment in the Supreme Court as PIL.
2007-06-13 20:29:37 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
I beg to differ with Mr.Vijay M. The question does not pertain to medical definition of virgin. It has pointedly asked that if husband successfully "prove" about indulgence of wife in sex before their marriage. This pre-supposes that this fact was concealed by bride before or at the time of marriage. As such, being a fraud, could be a valid ground for dissolution of marriage.
2007-06-13 20:37:59 · answer #2 · answered by Shrichand Nahar 2 · 0⤊ 0⤋
*The marriage will /may not be broken legally but mentally & emotionally the spouses could be driven apart !!!!!!!!
What a women did before marriage , shd not be the concern of the present husband;
He shd have verified the facts before he went in for the marriage.
But yes, he may seek divorce if he so wishes ..... for his peace of mind !!!!!!!!
2007-06-14 00:30:08 · answer #3 · answered by ๏๓ รђคภtเ, รђคภtเ รђคภtเ ....... ! 7 · 0⤊ 0⤋
Safest thing for Indian women is to leave India and avoid
Indian men....
2007-06-13 19:11:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
i'm hindu and i didnt know there was a hindu marriage act. sorry i cant help much.
2007-06-13 18:46:32 · answer #5 · answered by marieantoinnette 2 · 1⤊ 0⤋
dont worry about it .....do you know any indian women that will be interested in a army soldier deployed to iraq???
2007-06-13 18:48:00 · answer #6 · answered by ben d 3 · 1⤊ 0⤋
that depends totally on ur husband. can he still except u?
2007-06-13 23:52:33 · answer #7 · answered by queen 3 · 0⤊ 0⤋
No.
2007-06-14 05:41:32 · answer #8 · answered by Juliu C 6 · 0⤊ 0⤋