Can i divorce on ground that wife had molar pregnancy during marriage?


I got married on 11 Dec 2013, on the same day my wife got unconscious and fell down but we ignored. Then after 15-17 days she fell down many times then we went to the doctor and the doctor told us she is pregnant. We got happy after a month. An ultrasound was conducted and the report came that said she has no baby but has a Mole Pregnancy.

The doctor conducted abortion 3 times & we spent 5 lakh on this disease. After all that we are shocked by knowing that my Wife had relations with some other person before marriage and this molar pregnancy was because of that relation .

So I want a Divorce but we have no evidence. What do we do?

Answer

Section 12 of the Hindu Marriage Act lists out the voidable marriages.

Section 12(c) stipulates that any marriage shall be voidable and may be annulled by a decree of nullity if the consent of the Petitioner was obtained by force of fraud as to any material facts or circumstance concerning the Respondent.

Section 12(d) stipulates that any marriage shall be voidable and may be annulled by a decree of nullity if the respondent was, at the time of the marriage pregnant by some person other than the petitioner.

Now this definition does not specify whether molar pregnancy is covered within the ambit of the the term pregnancy or not and there has not been a single case which has dealt with such an issue.

Therefore, the right course of action would be to firstly initiate an annulment proceedings praying for annulment of marriage on both the aforementioned grounds.

If the same is rejected then we shall have to file a petition for divorce. Moreover, the divorce petition cannot be filed within 1 year of the date of the marriage.

Kindly contact us for any further details and action.


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