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Girl was pregnant before marriage can I file for divorce
09-Jun-2023 (In Divorce Law)
my friend (boy) married one girl, but she already pregnant before marriage illegally. she accepted the same in a first day itself. he need a divorce. this marriage is valid or procedure for divorce. need your help
He can file a petition for annulment of marriage on the same grounds if it is within one year from the marriage as on date.
The provisions of section 12(1) (d) of Hindu Marriage Act, 1955 is given below which self explanatory:
that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied?
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.
The provisions of section 12(1) (d) of Hindu Marriage Act, 1955 is given below which self explanatory:
that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied?
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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