Concealment of unchastity of wife

by Shivendra Pratap Singh | Aug 22, 2015 | Family Law

My wife had a bodily relation with a boy before the marriage, she admitted this fact to me. I doubt that she is emotionally attached to him. However, he did not try to contact after the marriage. If it seems that she is not faithful with me then can I repudiate this marriage on the ground of pre-marital affair or unchastity before marriage? If a girl is a virgin at the time of marriage is said to be chaste, if she indulged in sexual intercourse before marriage is known as unchaste. Concealment of unchastity of wife at the solemnization of marriage (pre-nuptial unchastity) is not a ground for annulment of marriage. Postnuptial unchastity constitutes adultery and it is a valid ground for divorce. Chastity is a mere personal quality and its non-existence at the time of marriage does not amount to the absence of an essential condition of the marriage relation. Prenuptial unchastity does not necessarily prevent the wife to be faithful after the marriage. As a general rule that prenuptial unchastity of the wife though unknown to the husband at the time of the marriage is not a ground for a decree of nullity. Nor is express misrepresentation by a woman as to her chastity of itself ground for the avoidance of the marriage, though, of course, it may be taken into consideration together with other circumstances indicative of fraud. In Harbhajan Singh v. Smt. Brij Ballab, (1964) 66 Pun LR 204; Held that consent obtained by fraud at the stage when the parties consented to solemnise the marriage cannot vitiate the marriage and it is only the consent, vitiated due to fraud, obtained at the time of solemnisation of the marriage, that is recognised for its annulment under Section 12 of the Hindu Marriage Act. After the amendment in section 12 of the Hindu Marriage Act by the Marriage Law (Amendment) Act 1976, the scope of word fraud is limited to these purposes:
  • The nature of the ceremony or
  • Any material fact or circumstance concerning the respondent
In Rani Bala Debnath v. R. K. Debnath [1973 Cal WIN 751] it is held by the Calcutta High Court that concealment of unchastity of wife at the time of marriage does not amount to fraud under the meaning of section 12 HMA. Fraud is defined under section 17 of the Indian Contract Act, but this definition does not apply in matrimonial causes because marriage between Hindus is no contract. Act of fraud committed at the time of solemnization of marriage shall be considered by the court in the petition of nullity of marriage. If the consent of parties to the marriage is obtained by fraud towards the ceremony of marriage or material facts of the respondent it would constitute a ground for annulment of marriage.

Tags: Adultery

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

क्या तलाक के लिये पति-पत्नी को अलग-अलग रहना जरूरी है

Jun 17, 2025 |

क्या तलाक के लिये पति-पत्नी को अलग-अलग रहना जरूरी है। पिछले 23 वर्षों से हम एक साथ हैं लेकिन सिर्फ दिखावे के लिये पत्नी साथ नहीं रहना चाहती है। मैं दुबई में काम करता था और पिछले 11 साल से भारत मे रह रहा हूँ अपनी पत्नी के साथ। मेरे एक बेटी है जो राजस्थान में होस्टल में…

Wife calling me impotent in front of the family members

Apr 11, 2025 |

Wife calling me impotent in front of the family members and also in front of her relatives. She openly talks about my impotency and my sexual behavior to her parents. It is very disgusting for me because I am not impotent. After ten years of marriage we are striving…

Uncompromising conduct of wife is cruelty against husband

Apr 11, 2025 |

Whether uncompromising conduct of wife is cruelty against husband? My wife is not ready to compromise with the traditions of our family. I am a government servant in class I category. My wife is a non-working lady. She does not like my family members and always…

Childless old lady can seek maintenance

Jan 12, 2025 |

Childless old lady can seek maintenance from anyone. My neighbor is an 80-year-old woman living alone in her home. Her husband was one of three brothers, and all have passed away. There are no male relatives residing in her household. The property she lives in is…