Showing posts with label prenuptial unchastity of wife. Show all posts
Showing posts with label prenuptial unchastity of wife. Show all posts

Sunday, 17 July 2016

Whether court can grant decree for annulment of marriage on ground of prenuptial unchastity of wife?

As a general rule prenuptial unchastity of the wife though unknown to the husband at the time of the marriage is not a ground for a decree of nullity.
Nor is express misrepresentation by a woman as to her chastity of itself ground for avoidance of the marriage, though, of course, it may be taken into consideration together with other circumstances indicative of fraud.
Chastity, it is said, is a mere personal quality, and its non-existence at the time pf the marriage does not amount to absence of an essential condition of the marriage relation. Moreover, it is declared, prenuptial unchastity does not necessarily prevent the woman from becoming a faithful wife or from performing her part in the bearing of off spring, and to consider misrepresentation in regard thereto a ground for decreeing nullity of marriage would be inconsistent with reason and sound policy.
Punjab-Haryana High Court
Surjit Kumar Harichand vs Smt. Raj Kumari on 1 December, 1965
Equivalent citations: AIR 1967 P H 172
Bench: S Kapur
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