Divorce on ground
Querist :
Anonymous
(Querist) 05 October 2018
This query is : Resolved
Hii
kindly suggest me if woman laying before marriage about her pregnancy issue that she can not be pregnant due to sum health issue and after marriage the husband find out so on which ground he can filed divorce petition and both are christen under Indian Christen Law or Indian divorce he can filed for divorce.
kindly reply me
Vijay Raj Mahajan
(Expert) 05 October 2018
For Indian Christians the annulment by decree of nullity or dissolution of marriage by decree of divorce petition has to be filled under the Divorce Act,1869.
The important fact about the person unable to convince child was not disclosed at the time of marriage for taking consent hence fraud committed.
The importance of having progeny out of wedlock no doubt one of the most important aspect of marriage, however this by itself not be ground for divorce hence it is best for the husband to seek annulment of marriage on the ground as mentioned above.
The non-disclosure of facts relating to the person that if was disclosed, the consent for marriage wouldn't be given. Had this fact disclosed before marriage and consent given by the other party in that case it couldn't be made ground for annulment of marriage.
In your case this best for you to do, seek annulment of marriage under section 19 of the Divorce Act, 1869.
