Anonymous
Asked September 14, 2016

Threats of Divorce

  • 1 Answer
  • 231 Views

I am married for 2.5 years. I have small baby girl. My husband made recordings for acceptance of pre marital affair and now threatens me everyday for same to seek for divorce. I do not want to take divorce and spoil mine and my baby life. I never cheated him after marriage. I was always loyal for him. Please advise what should be done

Answer 1

Marital affair or adultery can be a ground for seeking divorce, as provided in S. 13 of Hindu Marriage Act[1], but Pre marital affair is in no way an offence and cannot be a ground for divorce.

If your husband decides to go for fraud as a ground for divorce, alleging that he had no knowledge of the affair and his consent was obtained by fraud, his petition would not be entertained if:

  • the petition is presented more than one year after the fraud had been discovered; or
  • he has, with his full consent, lived with you as husband after the fraud had been discovered.
  • However, Family courts place importance to individual circumstances and in most circumstances do not grant divorce under such allegations. The most important aspect in this case is that you and your husband have a baby girl out of your marriage, whose life would be immensely affected if the divorce is granted, and moreover, pre marital affair is not an offence in itself and hence, would not be considered as a ground for divorce under such crucial circumstances.

     

    [1] Available at: https://indiankanoon.org/doc/1284729/

    Agree Comment 0 Agrees about 1 year ago

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