• Had Intimacy with my wife before marriage and further discovered that she is continuing the past relationship.

Mine was an arranged marriage in Aug 2025. We have mutually agreed to marry and later met each other 2 times before marriage, Then i invited her to my matrimonial home, During those 2 days i had a chance to kiss her and give a hickey, Not involved in penetrative s** And later after 2 months we married each other out of consent. 

After 40 days of marriage, As she was using mobile phone continuously i have figured out that there are continues messages coming in, and found out that teh chats from the date she said yes to me she was in conversation with her Ex saying that she is marrying me out of some situation and no interest. Which made me upset and when i asked her, she did not admit that she is in a relationship with that guy. But all the conversation states that "You Dont Feel i will still be your(to that guy) ----- which shows exclusivity with that guy but married me out of some situation" Even on the date of engagement she messaged to that guy saying that "Happy Birthday Bangaram, Love you so Much ". Also even after marriage the chat stated that "I dont know how long it would continue ". Even In multiple occasions she told me that she was supposed to marry some one but married me - Verbally during the 40 days. As all these conversations states that she married me out of no interest.

Now i filed for divorce on the grounds of cruelty stating that all these conversations felt me upset and hard to continue a relationship as she cheated me. In my divorce petition i have mentioned that she married me out of no interest and no consent. Now in this case can she file BNS 69 on me for the pre marital intimacy with me as we both had consensual intimacy before marriage, I don not have any chats as the conversation is in snapchat i have deleted it. But as the marital relationship broke due to her activities, how will i be effected with BNS 69 or any cognizable offences that can trouble me.
Asked 8 hours ago in Family Law
Religion: Christian

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3 Answers

1) You actually married her. Section 69 applies when a man has no intention to marry. If you married her, the intention was genuine, regardless of her personal feelings or secrets.

 

2) : You are both adults who consented to the intimacy and later consented to marriage

3)  According to facts stated by you , she was the one having conversations with an ex and admitting she was marrying you out of circumstances, while you intended a genuine marriage.

 

4)  The Courts have consistently noted that FIRs filed after a marriage breaks down—especially if it is in response to a divorce petition—are often viewed as retaliatory rather than genuine. 

 

 

Ajay Sethi
Advocate, Mumbai
100042 Answers
8167 Consultations

Even if she files it will not stand. But divorce only on baisis of past relationship is not admissible. Only if you can prove that even after marriage she was in relationship with him then yes

Prashant Nayak
Advocate, Mumbai
34714 Answers
250 Consultations

Since you have subsequently married her hence any complaint of intimacy prior to marriage especially when you didn't get involved physically with her, is not maintainable in law,  neither the police nor the court will entertain any such complaint. 

T Kalaiselvan
Advocate, Vellore
90245 Answers
2509 Consultations

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