Wife pregnant before marriage on what grounds can i file divorce.

910 votes

OK your case, you have a option to file a case under section 12(1)(D) of Hindu marriage act 1955 for voidable marraige I.e nullty of marraige on the ground of respondent/wife @ the time of marraige pregnant by some person other than you, within 1 year after discovery/ knowledge of the facts of pregnancy.

Advocate Kishore Kunal LawRato

859 votes

Venerated Sir,
As per the above query you have one option to file a divorce case against her wife on the ground of Adultery relations with other person. According to Indian Hindu Marriage Act and Divorce Act your wife deceived you and hide the facts of pregnancy, ergo, She can't pressurize you for living in your home because she has broken the trust as well as customs of Hindu Law . She and her family cheated you and supersede the facts of pregnancy whereas it was the duty of the girl to disclose all things before marriage as per the Law of Indian. It's depends upon you what relations you want to keep with your wife. Feel free to call me .

Advocate Anil Kumar Singh LawRato

947 votes

You can file divorce suit against your wife .on the basis of medical report it is cleared that she is cheated you.on the ground of her character you can proceed.but one thing you not cleared that this marriage was love or arrange marriage.

Advocate Santosh Kumar Prasad LawRato

759 votes

You can file a petition for annulment of marriage. The provisions of section 12(1) (d) of Hindu Marriage Act, 1955 and section 25 (ii) are given below which self explanatory:
**Section 12(1) in The Hindu Marriage Act, 1955**
(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—
12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
**Section 25 in The Special Marriage Act, 1954**
25. Voidable marriages.—Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,—
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872): Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,—
(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,—
(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.

Advocate Sunil Kumar Mahto LawRato

739 votes

If the girl and their parents are not ready for divorce then you first move the criminal courts by filing a case u/s 420 IPC. You have enough evidence for the same. As such they would get legally pressurised and would definitely go for divorce by mutual consent u/s 13B.

Advocate D Rajesh Patnaik LawRato