A Hindu husband, after his marriage in the year 1957, had voluntary sexual intercourse with a girl other than his spouse. Advise his wife.
TheSayeed Changed status to publish March 15, 2024
Issues in the Case:
- What advice can be given to the wife regarding her husband’s extramarital relationship under Hindu law?
Principle:
- The Hindu Marriage Act, 1955, governs marriages and divorces among Hindus.
- Section 13 of the Hindu Marriage Act provides grounds for divorce, including the ground of voluntary sexual intercourse by either party with someone other than their spouse.
- Section 14 of the Hindu Marriage Act stipulates that a petition for divorce shall not be entertained within one year of marriage.
Judgement:
- Since the parties are Hindus and the marriage has been solemnized after the enactment of the Hindu Marriage Act, the wife can seek divorce under Section 13 of the Act if she wishes to dissolve the marriage.
- However, the wife must wait for one year from the date of marriage before filing a petition for divorce, as per Section 14 of the Act.
- Section 13 of the Hindu Marriage Act lists various grounds for divorce, including extramarital affairs.
- The wife has the right to file a petition in the District Court for divorce under Section 13 of the Hindu Marriage Act after one year from the date of marriage.
Based on the principles outlined in the Hindu Marriage Act, the wife has the option to seek divorce on the grounds of her husband’s extramarital relationship after the completion of one year of marriage. She can file a petition for divorce in the District Court, citing the relevant provisions of the Act.
TheSayeed Edited answer March 15, 2024