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A married women under Divorce process file rape on me after living one
10-Feb-2026 (In Criminal Law)
A married women under divorce process, file rape case on me after living one year with me casually what will we do
first of all you should challenge the FIR before Hon'ble High Court of having jurisdiction of the police Station concerned where the impugned FIR has been lodged by the prosecutrix. thereafter Court may after considering the facts and circumstances may stay your arrest and direct in cooperation in investigation.
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Adv. Saubhagya Mishra
Lucknow | 100+ Answers
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In cases involving live-in relationships, the courts distinguish between a 'breach of promise to marry' and 'rape under misconception of fact.' Given that the woman is already undergoing a divorce, the legal argument for a false promise of marriage is significantly weakened. You should immediately secure all evidence (chats/photos) proving the consensual nature of your one-year stay. If an FIR is filed, you must apply for Anticipatory Bail under Section 482 of the BNSS and consider filing a petition in the High Court to quash the FIR if it is found to be frivolous or malicious. Also inform the authorities of this malicious FIR and accuse her of blackmailing to extort money.
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Adv. Sparsh Srivastava
Gorakhpur | 5+ Answers
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you should establish consensual rape or physical relationship if it is under duress or coercion then it will definitely amount to rape you have been living with her for one year then going physical is wrong act please wean yourself
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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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,
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Adv. Ajay Shukla
Lucknow | 50+ Answers
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apply for anticipatory bail if FIR is not registered on facts depending on your case but generally
She is married
Divorce not finalized
Live-in relationship admitted
Long consensual relationship
Delay in FIR (if any)
No injury / medical support
Your Best Immediate Remedy
Anticipatory bail
Gather WhatsApp chats
Proof of her existing marriage
File 482 for quashing
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Adv. Amit Kumar
Allahabad | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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