I don’t want to live with an untrustworthy wife: What should I do? She told lies and got married to me. My wife is totally untrusted lady. After my marriage with that girl. I got to know that whatever she had said to me before marriage was false. So on which ground I have to go to court for divorce? I don’t want to continue my life with an untrusted wife.
If your wife had concealed a material fact related to the marriage then you can repudiate your marriage. You have to file a suit under Section 12 of the Hindu Marriage Act for declaring your marriage void.
If a fraud has been committed by her at the time of marriage which could have affected your consent then such a fraud will render the marriage voidable. In voidable marriage a decree of court for nullity is mandatory otherwise the marriage remains valid.
File suit within one year
You have to file a suit for nullity of marriage within one year when the fraud has been discovered. After one year you cannot file a suit under Section 12 of the Hindu Marriage Act.
Material fact
You have to prove that if the fraud would have surfaced at the time of marriage you would have never consented for the marriage.
Annulment of marriage cannot be granted unless material fact affecting marital life is concealed, A. Premchand v. V. Padmapriya, (1996) 2 CTC 620
Fraud about the caste, religion, previous marriage, abortion, birth of child before the marriage are treated as material facts which have the tendency to affect the consent of the party.
Misrepresentation
Mere misrepresentation does not constitute fraud under Section 12 HMA. Therefore, the court may dismiss your case with cost. Untrustworthiness is not equivalent to the fraud.
It is, however, your opinion that you do not want to live with your wife because she is untrustworthy. But you cannot end this nuptial knot on this hypothetical fact.
