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False Rape Case In Extra Marriatal Affair.
09-Nov-2023 (In Criminal Law)
I was having extramarital affair with lady..all was going well till her husband found out from her call record.ande they filed rape charges against me ..all the chat record we had deleted because we were having affair..but call record is available and also mentioned in chargesheet. Medical report is nil. No evidence against me.how should I proceed with this case in court?
if chargsheet is filed than considering the evidence on record you can apply for the discharge Application before the same court where your trail is going on.
on the application of discharge you can disprove the allegations due to lack of evidence which does held you laible for the alleged offence
on the application of discharge you can disprove the allegations due to lack of evidence which does held you laible for the alleged offence
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Adv. Akshay R Kapadia
Mumbai | 100+ Answers
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Is it OK to have extra marital affair?
In our society, extramarital affairs are only discussed in whispers. Adultery is obviously frowned upon. Many people dont realize, however, that adultery will not only affect ones social reputation, but also have a negative impact on their mental and physical health. Extramarital affairs are not easy. 13-Feb-2021
What to do if wife has extra marital affairs in India?
If your wife has accepted the mistake, you may divorce her as per today's latest ruling. You cannot charge her with section 497 Adultery. However, you may take other legal actions which she must face on her behalf.
What is the punishment for extra marital affair in India?
Adultery is punishable by death
Section 497 punishes with imprisonment of up to five years or a fine. As mentioned above, the Supreme Court of India struck down this section in the landmark case of Joseph Shine V. 22-May-2023
Well, as per the recent amendment, Adultery is not a Crime. If both of you had committed consensual sex series of times, don't need to worry. From Courts, you'll go Scot free. Just at the time of Evidence Stage, We have to prove out your case that the relationship was consensual, in this entire process, Cross Examination & Call Records are going to play a vital role.
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Adv. Pankaj Bajaj
Mumbai | 500+ 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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