A married women under Divorce process file rape on me after living one

874 votes

if a Married woman after being in relationship for a year files a rape case then it actually doesn't constitute the rape as consensual sex does not amount to Rape until and unless it is based on some false promise which ultimately has to be proved in the court ,Anticipatory bail is the immediate remedy.

Advocate Ravikant Mani Tripathi LawRato

854 votes

on the above mentioned query, if she live with you with her free Will, and made relation with her consent, then there is no question arose for the term 'rape'. so, you have to file anticipatory/interim bail in the concerned district judge or high court.

Advocate Ankit Gupta LawRato

822 votes

If a rape case is filed after a long consensual live-in relationship, the matter will depend on facts, evidence and conduct of parties. Consensual physical relations between adults do not amount to rape merely because the relationship later turns sour. A false promise of marriage must be shown from the very beginning to attract criminal liability. Immediate steps include applying for anticipatory bail,

Advocate Ajay Shukla LawRato

764 votes

you should prove that the action was consensual then without consent the act won't amount to rape one year she and you lived one year or you try to settle it with monetary compensation courts have held that consensual sex does not amount to rape

Advocate Spiti Sarkar LawRato

998 votes

Your situation is common in litigation. Outcome depends on facts, evidence, and the exact allegation in the FIR. Understand the legal position clearly. Key issue the court will examine In such cases, prosecution usually claims: “consent was obtained on false promise of marriage.” However, if the relationship was voluntary, long-term, and with free consent, it does not automatically become rape. If the woman was already married (even if divorce was pending) and both of you were in a consensual relationship for a long period, the allegation of rape becomes legally weak unless force, coercion, intoxication, or fraud is proved. Strong defence factors in your favour Your case becomes stronger if: • Relationship lasted long (1 year or more) • Mutual consent existed (messages, calls, meetings, travel, photos) • No immediate complaint after first physical relation • She was aware of circumstances and continued voluntarily • Dispute started only after breakup / money / pressure / divorce issue Courts often treat such matters as “consensual relationship turned dispute,” not rape, if evidence supports consent. Immediate steps you must take Do not panic and do not contact her aggressively Preserve all evidence: Chats, WhatsApp, call logs Photos, videos, hotel/travel records Money transfers (if any) Apply for Anticipatory Bail immediately if FIR is registered Do not give informal statement to police without legal strategy Prepare timeline of relationship (start → end → dispute → FIR) Legal remedies available Depending on FIR content: • Anticipatory Bail to avoid arrest • Regular Bail if already arrested • Petition for Quashing in High Court (if FIR shows consensual relationship) • Strong cross-examination during trial to prove consent and motive Important legal reality If evidence shows: Long consensual relationship No force Complaint filed after dispute/breakup Then conviction becomes difficult. Many such cases end in bail + acquittal or quashing, depending on facts. I need these details to guide you precisely Tell me: • Is FIR already registered? Under which sections? • Did she allege “false promise of marriage” or “force”? • Any written proof of consent (messages etc.)? • When was last physical relation and when was FIR filed? • Any money/property dispute between you? After this, I can give you exact defence strategy, bail grounds, and realistic case outcome.

Advocate Vaibhav Sangam Mishra LawRato