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Wife Hid Her past before marriage


21-Jan-2023 (In Divorce Law)
I got married on Dec 2016 as per Hindu traditions with a girl I knew since May 2016. She lied about her past relationships as well as sexual history.I was honest about every relationship of mine but she successfully hid everything as I was abroad and had no source to confirm. Recently, I found her whatsapp backup on her mobile and looks like she has been sexually active with all of her 3 4 boyfriends. I don't have any issue with the past if it was a loving relationship. Every has a past these days and these things were just fine with me. However what confounds me is the fact that she was a f*ck friend/mistress with a guy and she knew right from the day one that he is getting married. Even after his marriage they would meet only for the act. Even though it all happened before my marriage, I am feeling cheated and thinking I was lured into this relationship. For me it looks like a severe character flaw with that girl. Please let me know what all options are open for me.
Answers (3)

Answer #1
64 votes

The fact that your wife had a physical relationship in past 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.

Alternatively, you can sit your wife down and talk about your intention to divorce her by mutual consent on account of the fact that you can't continue in this marriage anymore. You and your wife should agree to file a joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act. That would take anywhere between 6 - 18 months (or even lesser) to conclude provided you have a settlement agreement in place with her covering all the aspects of child custody, maintenance, property division etc.

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


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Answer #2
760 votes
Hello dear,
It's better to discuss over the call because it is the matter of sexual harassment and misconduct so we should discuss the details over the call..

Thanks and regards
Adv Pradeep Saxena
Supreme Court Of India
Answer #3
843 votes
You can file a petition before the Family Court for seeking divorce on the ground of cruelty. Apart from other grounds, you may plead that the conduct of your wife has caused mental cruelty to you. However, such a petition would take years to dispose whereafter aggrieved/losing party can file an appeal, which again would take a long time for disposal. Thus, if possible, try to make your wife agree for both of you filing a joint petition for divorce by mutual consent. That would take just 6 months (or even lesser) to conclude.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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