• Husband's pre-marital affair

Me and my husband are happily married... I thought he is a guy of good quality... 

Recently i came to to know by their online chat histroy, he had a girlfriend in the past for 3 years and had sex several times.Though he is good now,i hardly bear that mental stress that he is stained buy.. 

He didn't reveal any of these details before marriage.. Can i book him under criminal case like cheating,lying,affari with a girl before marriage.
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
do you want to live with him or not
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. Ask him whether he is ready to leave his girlfriend. if yes and if he reforms himself then i would advise you to forgive him and give him another try.

2. if not or if you are not ready to condone his acts then you can file criminal case against him u/s 498A IPC.
This section applies for his extra-marital affair post marriage not for keeping any girlfriend prior to marriage with you.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
1) you have stated that you and your husband are happily married . 

2) it is normal for men to have affairs  before marriage .

3) if he had a girl friend in the past before marriage it does not concern you . since he has been a loyal husband after marriage and has taken care of you dont dwell on his past history . 

4) i do agree that he should have disclosed his past affairs before marriage but dont ruin your married life for his past affairs . 

4) no case of cheating is made out . 

5) if you dont want to live with your husband file for divorce by mutual consent .
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. It is not a crime to have an affair before marriage,

2. The fact is that he has not continued his said affair post marriage,

3. Since there has been no crime committed by him there is no case lying against him in this regard & legally speaking there is no ground for your in seeking a decree of divorce against him,

4. You are suggested not to make it an issue & lead a happy family life,

5. The same would have been suggested, had you had an affair, stictly before marriage, with some one else.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1) you should not  have  an affair now just for sake of taking revenge on your husband . 

2) since your husband has not had any physical relations with his girl friend after marriage no offence has been committed by him . 

3) better visit a marriage counsellor to save your marriage .
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Sorry, this is not a legal issue.
It is your personal problem and I advise you to forget his past.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
I can understand the mental trauma you would have undergone after coming to know that he has cheated on you in marriage. The institution of marriage between two individuals calls for chastity and faithfulness from both the girl and the boy.  However now you know that 'what has been done can not be undone' and if you can pardon him forget the past and start afresh in marital life.  There is no point in entering into any illicit relationship for the sake of taking revenge, thereby you will be ruining yourself as also will be ruining his marital life and then there will be no difference between you and your husband.  However if you have decided to take divorce, better take divorce on mutual consent
Shashidhar S. Sastry
Advocate, Bangalore
1231 Answers
59 Consultations
5.0 on 5.0
If you are happy with him, forget all the past as he is also not having any relationship with that girl.but if you do not want to live with him, take divorce. it is personal matter based on your personal decision.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
There is no legal remedy for you.  It is personal matter only.  Either you forget his past or take divorce from him
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Legally speaking, your husband was under an inescapable obligation, prior to his marriage, to reveal his affair with some one else. By withholding this information relating to his past he has vested you with the right to legally separate from him, albeit you cannot file a criminal case for cheating, etc as he has not committed a crime. 

It is understandable that you feel cheated on discovering after marriage the pre-marital affair of your husband in as much as unqualified disclosure of past and present is the essence of every relationship between two lovers. To that extent your husband is at fault. However, if he has been loyal to you subsequent to marriage then his pre-marital affair may be ignored. There is no point in taking revenge.  

If you find yourself unable to continue your marriage then divorce by mutual consent.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

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