Can wife put rape case on husband? What to do, FIR filed against him?

What can we do if my relative’s wife has filed an FIR against him? The allegations put up against him include Rape charges and charges of Domestic Violence. They had an affair after which they got married in Arya Samaj mandir against their parent’s wishes. They shifted out of and started living alone but had problems and disputes in their marriage.


His wife then filed a complaint of domestic violence in the Police Station. My relative did not go back to his wife again after that. A week ago his wife filed an FIR, putting rape charges on him.


What can we do to save my relative?




As we can see, in our opinion your relative should try and settle the matter with his wife, however if the same fails, he should follow the following steps to ensure that he is able to get acquitted of the false charges:


STEP - I: Safeguard himself


He should try and collect evidence to prove that the marriage was not working. It may include any recordings, mails, any third party mediator who had tried to settle their disputes, etc. This is basically to prove that the said allegations are baseless and only to harass the husband.


STEP - II: Intimating/Complaining the Police:


He should intimate the nearest Police Station about the facts of his case in writing stating that he is ready to fully co-operate with the Police with the investigation and that the said allegations are baseless.


He can even write a complaint to the nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behaviour.  


STEP - III: Thereafter file a petition for divorce under Section 13 of the Hindu Marriage Act


Section 13 of the Act has been reproduced below for your better understanding.


Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the other party-


i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or


a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or


b. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or


ii. has ceased to be a Hindu by conversion to another religion; or


iii. has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.- In this clause,-


a. the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;


b. the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or


iv. has been suffering from a virulent and incurable from of leprosy; or


v. has been suffering from venereal disease in a communicable from; or


vi. has renounced the world by entering any religious order; or


vii. has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.


Your relative's situation can fit under Section 13(1)(ia). The term cruelty includes mental as well as physical cruelty. 


Therefore your relative can file a petition seeking Divorce. The Court shall depend upon the facts of the case grant the divorce and decides the alimony or maintenance which he shall be liable to pay to his wife.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Criminal Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

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 and has been responded by one of the Criminal Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Articles

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

went to USA from 4th to 27th sept 2018, met a guy Milin and as compelled stayed as his apartment,came in contact through what i can do abo…

Read More

Last year,I have been framed for a false case of rape in Delhi by my girlfriend with whom I was I live-in relationship for 1 year approx. Her lawyer l…

Read More

I was raped in Bangalore during my visit in Oct 2014 and was threatened with dire consequences by the guy and his sister. I am above 55 years old and …

Read More

My chachi has filed a false Rape attempt FIR against my younger brother. This happened when he went to her home on Holi and tried to interfere when my…

Read More

Talk to a lawyer for your legal issue