• Can pre-marriage affair be considered a reason for divorce

Its been 2 years to my marriage and my wife found out i had relations pre marriage, she also found out a video of mine(intimate video) which was also pre marriage, since then we are regularly fighting on this topic and we both have raised hands on each other- i would say 4 times , 
can it be considered as domestic violence, can pre marriage affiar be considered a reason for divorce, 
she keeps threatening me to make my life hell 

please advice
Asked 4 months ago in Family Law
Religion: Hindu

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27 Answers

1. Fraud, misrepresentation of facts is one of the grounds to obtain divorce. But the same thing has to be proved beyond doubt.

2. Physical assault, mental harassment constitute domestic violence. She may complain against you for domestic violence, 498a dowry demand etc. to the Police.

3. If you have decided to opt for divorce, better to obtain Mutual Consent Divorce, which is less time consuming as well as all the issues can be resolved amicably between the husband and wife.

Shashidhar S. Sastry
Advocate, Bangalore
3238 Answers
175 Consultations

5.0 on 5.0

If you are accused of physical assault and mental harassment by your wife, you can defend yourself by saying that it's mutual and she has also indulged in physical assault and has caused mental harassment to you. To prove the accusations, there should be strong evidence. 

If she lodges a Police Complaint against you, counter complaint can be lodged by you against her.

Shashidhar S. Sastry
Advocate, Bangalore
3238 Answers
175 Consultations

5.0 on 5.0

Pre marriage affair is immaterial 

 

it is not ground for divorce 

 

best option is to file for divorce by mutual consent 

 

wife can file DV case against you 

Ajay Sethi
Advocate, Mumbai
79385 Answers
4752 Consultations

5.0 on 5.0

You can file for divorce on grounds of mental cruelty 

 

wife abusing and assaulting husband amounts to mental cruelty and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
79385 Answers
4752 Consultations

5.0 on 5.0

1. Pre marriage affair cannot be ground of divorce it is not adultery though picking hand may be considered as domestic violence and she may file complaint on same.

Also on ground of cruelty she may file divorce against you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

1. You may file complaint of physical assault with police against your wife.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

This can be sorted out by going for counselling of her with family counselor if you're not in that same pre marriage affair in continuation as of now.

 

So, its depend upon both of you where you have to take you marriage life like continuation to be happy and forget all past incident and continue with new start or living married life separately or Divorce or Mutual Consent Divorce

Ganesh Kadam
Advocate, Pune
11679 Answers
109 Consultations

4.9 on 5.0

- As per Law, pre marriage affair cannot be a reason for divorce . and if either of the spouse is taking benefit on this grounds , then it amount to cruelty. 

- Extra -marital affair i.e after the marriage , if either of the parties having such affair , then it is considered as breach of trust ,and hence it is a ground of divorce. 

- But, if having affairs before the marriage , then there is no breach of trust with partner , hence it not considered a reason for divorce. 

- Such disputes without having any reasons , is not domestic violence

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

Pre marriage affair not a ground of diovrce as dose not comes under the definition of adultery. And both are involved in physical fight, hence dose not consider as DV but a marital discord.

But keep precaution, physical assault should not be aggressive and visible on body.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

The pre-marriage relation does not come as reason for the divorce. But if one of spouse continue to remain in that relation and causes disturbance in the family, this can be the reason as cruelty, violence etc.   

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

Raising hands can be a domestic violence incident but premarital video is not ground for divorce

Prashant Nayak
Advocate, Mumbai
22509 Answers
49 Consultations

4.4 on 5.0

With all due respect it was your fault to have kept such videos post marriage. Anyways a ore marital relationship cannot be a reason for her to raise grievances against you. This cannot be a problem now if you don't have any connection with the girl.

Rahul Mishra
Advocate, Lucknow
11566 Answers
20 Consultations

5.0 on 5.0

You may raise grievances but only if you want to separate. Otherwise go for counselling and meditation.

Rahul Mishra
Advocate, Lucknow
11566 Answers
20 Consultations

5.0 on 5.0

Sir

It is not a ground for Divorce. but if by chance if you are found to be involved now also, it can be a ground of divorce.

Yes hitting each other amounts to Domestic Violence and is a ground for divorce.

She can always file a case of dowry against you including physical assault and mental harassment.

It is best advisable to kindly involve a counselor and resolve your issue or you may also seek help of a Family member or a Frnd who is able to resolve this amicably, else divorce is the only option. 

 

Archit Vasudeva
Advocate, New Delhi
260 Answers
1 Consultation

5.0 on 5.0

Yes these can be divorce grounds 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

A-No offense or ground for divorce for the affairs occurred prior to your marriage. 

Criminal Adultry 497 IPC has been invalidated and terminated from the CODE 1860 IPC by a full bench consisting of the then CJI Justice Deepak Misra of Apex Court in the year 2018 .

B- Raising hands over wife is a Domestic violence and it may be viewed seriously against you which may be a ground for divorce by your wife against you. 

C- For physical assault against you may go to police station and lodge FIR against her under section 323,504 and 506 of IPC.

 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

1. It was your fault not to disclose your previous affair , more so, when you had preserved the video of that rendezvous. 

2. Anyway you have nos no option but to dissuade her from going volatile further and handle her tenderly. 

3. It will take time to settle the situation but if you keep your love and affection same she would be all yours once again. 

And pre marriage affair is no ground for divorce but if may be a ground for nullity due to suppression of material fact especially when previous affair was found to have physical relationship.

Devajyoti Barman
Advocate, Kolkata
21695 Answers
311 Consultations

5.0 on 5.0

She can file a divorce case on the grounds of cruelty.

She can make a mention that you are still harassing her keeping in your mind the previous affairs and that you are pressurising her to give divorce or mentally torturing you etc. 

It depends on the pleadings she may present in her petition seeking divorce.

The ugly exchange of spats between you both and the change of blows between you both can constitute grounds for domestic violence also.

 

 

T Kalaiselvan
Advocate, Vellore
69396 Answers
930 Consultations

5.0 on 5.0

If she files a divorce case ion the grounds of cruelty then you can deny her allegations and also can make a  mention about her acts of cruelty citing the incidents that took place against you during your married life together.

You are required to file a counter/written statement to her divorce petition, in that you can deny her allegations as well as the incidents that took place earlier to defend your interest.

T Kalaiselvan
Advocate, Vellore
69396 Answers
930 Consultations

5.0 on 5.0

Marriage in the Hindu context from ages is considered sacrosanct relation and not a contract . Though  in modern times it has become a fashion to have sexual relationship before marriage by the students of all ages. Though they are used to have sexual relationship prior to marriage but not yet acceptable to this reality and except that their partner should be of unimpeachable integrity which amounts to double standards by any means.

 

By these introductory words let me reply the query.

 

Sub section 1  of Section 13 of  the Hindu Marriage Act,1955 mentions that any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party

  1. (i) has, after the solemnization of the marriage, had voluntary sexual intercourse with anyperson other than his or her spouse; or
  2. (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
  3. (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
  4. (ii) has ceased to be a Hindu by conversion to another religion; or
  5. (iii) has been incurably of unsound mind, or has been suffering continuously or intermittentlyfrom mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
  6. (iv) has has been suffering from a virulent and incurabe form of leprosy; or
  7. (v) has been suffering from venereal disease in a communicable form; or
  8. (vi) has renounced the world by entering any religious order; or
  9. (vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive;

 

In addition to this sub section 1A of section 13 of the Act  some provides some other grounds for divorce. In addition to that sub section 2 of section 13 of the Act prescribes other gronds for wife to take divorce .

 

For the present problem only section 13(1)(i) and section 13(1)(ia)  is relevant.

 

Sub section 1(i) of section 13 of  the Act provides that a ground for divorce that other party , after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse. It means that section provided a ground for divorce only having sexual intercource with any other person after marriage and not before the solemnization of marriage . Even the act have not given so much importance to the relation of any person before marriage . The Act has imposed obligation on husband and  wife to have scared relations after the solemnization of marriage .

 

When sub section 1(ia) of section 13 of the Act provided  “treated the petitioner with cruelty”  a round for divorce  after the solemnization of the marriage and not before its solemniszation.

So directly your wife cannot take divorce on the ground of your  having illicit relations with under section 13(1)(i) of the Act . Neither directly she can take the benefit of section 13(1)(ia) of Act as it provided “ treating with cruelty ground for divorce only  if petitioner is treated after the solemnization of marriage. It means husband  has done nothing after marriage but this will be separate matter in case husband has kept this relationship even after marriage .

Although cruelty has not defined in the Act but it is explained in many cases .In the case of Anita Krishnakumar Kachba vs Krishnakumar Ramchandra Kachba on 20 December, 2002 Equivalent citations: AIR 2003 Bom 273, 2003 (4) BomCR 731, 2003 (1) MhLj 828.

 

“ Cruelty must be of such a type which will satisfy the conscience of the Court that the relationship between the parties has deteriorated to such an extent that it has become impossible for them to live together without mental agony. Cruelty generally does not consist of a single isolated act but consists of a series of acts spread over a period of time. The cruelty practiced may be in many forms. It must be productive of an apprehension in the mind of the other spouse that it is dangerous to live with the erring party.”

 

So it depends upon the peculiar circumstances of  the case whether such an act is amounts to cruelty . In cases wife always treated you  with mistrust and you are also paying in the same coin and your relations reached to such a phase that it almost  become impossible for reconciliation, then the court may consider to give divorce .

 However in case you continue to treat your wife with respect in spite of  her allegations try to reconcile the relations , then the court may not grant divorce but judicial separation under section 13A of the Act.

So it is advised that although this is not a direct ground for divorce still the court may order divorce in your relations have become irreconcilable but in case you wish that this may not happen then you should treat your wife with respect and keep trying to reconcile her that it is gone case and after marriage our relations are sacrosanct, till you are able to convince her with your seniority .

 

Krishan Singla
Advocate, Ludhiana
5 Answers

Not rated

prior relationship cannot be a ground for divorce 

she can file Domestic violence against you. 

try to settle dispute amicably and file joint petition for Mutual Divorce. 

Mohammed Mujeeb
Advocate, Hyderabad
18969 Answers
11 Consultations

4.5 on 5.0

I understand your concern. But there is no law as such that protects husbands from wives. Better you conduct mutual talks with your wife and her parents and try to settle the issues. If the issues are not settling even after your so many attempts, file for divorce under cruelty grounds in the jurisdictional family court where your marriage was solemnized and get rid of your wife.

Mohammed Mujeeb
Advocate, Hyderabad
18969 Answers
11 Consultations

4.5 on 5.0

Applying physical force amounts to Domestic Violence, she may initiate proceedings under DVC.

No, pre-marriage affair is not considered, no bearing and it cannot be ground for divorce.

Better option is to get it sorted out amicably instead of going for EGO.

 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

If a spouse uses physical assault and involves in mental harassment, they will lead to mental cruelty based on which you can file for divorce, but you need to prove the same.

Best option is to go for Mutual Consent

 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

1. Pre-marital relationship(s) of spouse is not cruelty, much less a ground of divorce.

2. It is also not domestic violence. Only acts which take place subsequent to marriage constitute domestic violence.

3. If you have been subjected to acts of cruelty then you have a cause of action to file a petition for divorce.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Pre-marriage affair is not a ground for divorce. But since you are having fights arising out of that affair, your wife can seek divorce on ground of mental and physical cruelty. 

Physical fights definitely fall under the purview of domestic violence.   

In your circumstances, it is advisable to try to resolve the disputes amicably and seek assistance of a marriage counsellor if required.

If you are not able to resolve your differences then go for a mutual consent divorce because the mental agony of fighting cases against each other is on altogether another level.

Hope things get better between both of you.

Best wishes.  

Agam Sharma
Advocate, New Delhi
563 Answers
4 Consultations

5.0 on 5.0

1. Yes raising hand over eachother is considered as domestic violence.

2. Pre marriage affair cannot become ground for divorce but intimate videos can definitely be the ground for divorce.

3. Yes she can lodge FIR for mental and physical cruelty against you and also file domestic violence case against you.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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