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Wife filed a case under 12(1)(c) after I caught her cheating


04-Aug-2025 (In Divorce Law)
I & my wife got married as per Hindu rituals in Dec 24. It was arranged marriage through family friends. Marriage had not been consummated as we worked in different cities. Few months later I caught her cheating on me when I visited her place. We had a big verbal fight. After both families got involved, we had a conversation to end things with mutual divorce. Now I got to know she filed annulment case accusing me of having previous extra marital affairs. Please advice.
Answers (4)

Answer #1
563 votes
I’ve reviewed your situation. Based on the facts, the annulment case filed against you appears to be legally weak and contestable. If you’d like, I can assist you in drafting a strong legal reply and representing you through the proceedings to safeguard your rights and reputation.
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Advocate Chanchal Singh

Adv. Chanchal Singh

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Answer #2
573 votes
Since your has already file the proceeding against you you need to appear before the court and put your stand by filing the written statement. There are certain grounds for annulment of marriage if the same are not convinceable, the court may not pass and order for annulment. Having a previous extra marital affair is not a ground for an annulment. You can also file a petition for divorce on the grounds of adultery in the same petition by filing a counter claim or by filing a separate petition.
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Advocate Neelkanth Goswami

Adv. Neelkanth Goswami

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Answer #3
695 votes
You can contest the annulment case by filing a detailed written statement denying her allegations and presenting evidence of her extra-marital relationship, if available. Since the marriage was not consummated, annulment is possible under Section 12(1)(a) of the Hindu Marriage Act, but her grounds must be proved. You may also file a counter-case for cruelty (mental agony, false allegations) under Section 13(1)(ia) HMA and claim divorce instead of annulment. Preserve all chats, call records, witness statements, and any proof of her affair to strengthen your defence.
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Advocate Saylee Chaudhari

Adv. Saylee Chaudhari

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Answer #4
840 votes
How can she ask for Annulment? On what grounds, as Annulment and Divorce both are separate things and different procedure. A legal procedure that deems a marriage null and void. An annulled marriage is erased from a legal perspective, and it declares that the marriage never technically existed and was never legally valid.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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