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I need a advice in rape case ,we both are married ,no divorce petition


31-Aug-2023 (In Criminal Law)
One FIR registered against my boyfriend under section 376ipc in the protext of marraige from 3 years. Me and accused both married.i am staying in parental home from last 5 years and accused also staying seprated from his wife.we both did not file any divorce petition against our spouse.i filed dv ,125crpc case against my spouse.my question is if we have not filed any divorce petition so 376ipc is sustainable? because my boyfriend cheated me and he already have a relationship with other girls also,when i get to know all this ,he denied for marraige.my bf told me a lie in Intial days the he already filed divorce case in court.how can i fight this case ?
Answers (2)

Answer #1
698 votes
details are required to be looked into. As per law, if two major persons of opposite sex voluntarily enter into sex then no case of rape under section 376 is made out if later girl level allegation of rape. in your case also no case of cheating is made out. without divorce you both cannot remarry till divorce you both cannot commit cheating to your respective partners I.e. husband and wife. so there is no value of such promises by man nor such promise has any value.
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Advocate Siddharth Srivastava

Adv. Siddharth Srivastava

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Answer #2
963 votes
You need to hire expert advocate in this regard because the same has multiple legalities. Section 376 has ample angles to evaluate …whether the same was according to misconception of facts, or force etc ..plz b in touch
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Advocate D. Khan

Adv. D. Khan

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