A Hindu wife had any past affair or sexual relation with any other guy before marriage.Can husband legally torture her or ask anything about her past sexual life or give divorce on this basis in India? Can he ask her whether she released any immature baby before the marriage? If any lady went for abortion before marriage and husband comes to know that fact, can husband legally go for divorce or annulment?
2007-08-01 19:20:17 · 18 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Answer to all your questions here is a BIG NO. Neither the husband torture her (by the way what do you mean by legal torture?) or ask her anything about her past sexual life. Such questions can be asked only before the marriage not after marriage, if any person fails to ask them before marriage, cannot claim the ground of fraud for getting this marriage annulled, even otherwise it has been held very clearly by various High courts in India that the pre-marital affair or sex or abortion by the wife before the marriage is no ground for annulment of the marriage on the ground of fraud for getting consent of the marriage. The question of getting divorce on this ground doesn't exist as the various grounds on the basis of which divorce can be asked in any matrimonial/divorce enactment applicable to any form of marriage in India no where provides this as a ground for divorce. Yes the wife can seek divorce on the ground of cruelty both or any form physical or mental if being tortured by husband on this account. Torturing any person is never legal but is a punishable offence under section 498A of Indian Penal Code although available to only wife to file complaint under this section. She can even ask for compensation for any harassment/torture under the Protection of Women from the Domestic Violence Act, 2005.
2007-08-01 20:47:43 · answer #1 · answered by vijay m Indian Lawyer 7 · 3⤊ 0⤋
The answer to all your questions is that all the possibilities that you have mentioned are illegal. Torture on any account on an innocent (having pre-marital sex or even getting pregnant is not an offence) is not only illegal but a criminal offence as well. Divorce can be granted if the wife is unfaithful to her husband. Pre-marital sex is not a ground for divorce. Hence a husband will not get a divorce if his wife had pre-marital sex and also got pregnant therefrom or aborted her pregnancy, as long as she is faithful to her husband. I hope you understand my point clearly.
However it is not illegal for a husband to ask his wife about her pre-marital affairs or any information related to her pregnancy therefrom or any child birth at that time.
2007-08-02 06:56:31 · answer #2 · answered by Modest 6 · 0⤊ 0⤋
There's no such as "legally questioning or legally torturing" a person for his or her past afffairs. If the husband is broad minded and matured enough he can accept his wife's past affairs as past and accept her for what she is now. But if he is not a matured person and cannot come to terms with his wife's past actions, the best thing is to file for divorce and find some clean holy virgin to become his wife.
2007-08-01 19:38:27 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Yes in India, these things are very valid questions. On the basis of proof any husband in Indai can go to the court and ask for divorce. Yours VRVRAO
2007-08-02 09:17:47 · answer #4 · answered by Raghavendra R 5 · 0⤊ 0⤋
A BIG and FIRM NO to all the situations narrated. Legally, premarital sex, virginity, abortion,torture or intimidation of any nature and verbal.physical or emotional abuse is patently unaccetable. Ask your husband to grow up or quit the marriage.
2007-08-02 06:03:45 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Well you hold the right to ask questions abt her virginity. You can ask anything related to this topic., but what stopps u asking this, no problem in asking at all., but if she yes as an example then if u want divorce, well u can consult a lawyer, but no u cant torture her else u will be a victim of police on her complain. So 1st decide what to ask then consult lawyer & then proceed
2007-08-02 03:29:05 · answer #6 · answered by JAMES 3 · 1⤊ 0⤋
How about the other way around what about a guy can he have sex before he is married.How about all the guys from India that want to talk dirty to women they don't know on I'M.I'm sick the way women are treated in different country and the men are like (so what they are women).
2007-08-01 19:34:12 · answer #7 · answered by Teenie 7 · 1⤊ 0⤋
if husband is having sufficient documentary evidences against his wife about her pre marriage immature baby, then he is allowed to filed divorce on the base of cheating and bad character. documentary evidences means doctor's certificate,payment of hospitalitation bill etc.should be with husband. but if wife currently staying with husband faithfully, then , no question arise for divorce forgive her for past and stay with her happily.
2007-08-01 19:56:15 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Neither legally nor morality permit for qeustioning for anything before marriage as because if he was so serious and particular he should have run his check or resolved it before that. Hence hindu or non hindu it is both bad in law and morale value as well.
2007-08-01 22:33:32 · answer #9 · answered by mantu 1 · 0⤊ 0⤋
thats horrible if the answer is yes. this is why you should truly know the person you are getting married to and have the "relationship" talk before you get married. sex is not a crime, its part of life and its a shame that many people do not understan that. i would not want to be with a man that cannot accept my past relationships, shows that he is narrow and close minded.
2007-08-01 20:01:25 · answer #10 · answered by p123 3 · 0⤊ 0⤋