Wife having affairs before marriage wants to file for divorce

The fact that your wife had affairs before marriage and the fact that such information was hidden from you at the time of your marriage vitiates your consent to such marriage. It can be assumed from your narration of facts, that such information was of material nature and had a material bearing on your consent to such marriage. Concealment of the same amounts to fraud and makes your marriage voidable in law.

Your marriage can be annulled at your instance. As per Section 12 of the Hindu Marriage Act, 1955, in cases where consent was obtained by fraud, the petition should be filed within one year after the fraud was discovered. Additionally, if the petitioner has willingly lived with the other party as husband or wife after the fraud was discovered, the court may not entertain the petition for nullity.

To file a petition for nullity under Section 12 of the Hindu Marriage Act on the ground of fraud, you can follow these general steps:

1. Gather Evidence: Collect evidence that substantiates the fraud committed in the marriage. This evidence may include documents, communications, or any other relevant proof that demonstrates the nature of the fraud, such as misrepresentation of important facts or circumstances concerning the respondent. It is crucial to have substantial evidence to support your claim.

2. Draft the Petition: Work closely with your lawyer to prepare the petition for nullity on the ground of fraud. The petition should clearly state the grounds of fraud as per Section 12 of the Hindu Marriage Act, providing specific details about the fraudulent acts or misrepresentations that took place. Include all relevant information and supporting evidence in the petition.

3. File the Petition: Submit the petition for nullity at the appropriate family court having jurisdiction over your case. Pay the required court fees and follow the court's procedures for filing. Your lawyer will assist you in completing the necessary paperwork and ensuring that all relevant documents are included.

4. Serve Notice: After filing the petition, the court will issue a notice to your spouse, informing them about the nullity proceedings. They will have the opportunity to respond to the notice and present their side of the case.

5. Court Proceedings: The court will schedule hearings where both parties will present their arguments and evidence. The court may also provide opportunities for settlement discussions or mediation to explore the possibility of resolving the matter amicably.

6. Judgment: After considering the evidence and arguments presented by both parties, the court will make a decision on the petition. If the court finds sufficient evidence of fraud as per Section 12 of the Hindu Marriage Act, it may grant a decree of nullity, declaring the marriage void from the beginning.

Seek the guidance of a qualified family lawyer who specializes in matrimonial cases who will be able to guide you through the legal process and help you understand the requirements specific to your jurisdiction.