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If husband has non-consenual unnatural sex, can wife file an FIR?
19-Aug-2023 (In Criminal Law)
I am a Hindu woman. My husband FORCEFULLY has unnatural sex with me without my consent. I am trying to file an FIR against him. Although the police have taken my complaint, the problem is that my IO is saying FIR for unnatural sex can only be registered after I get counseling from the CAW cell. However, I think she is misleading me. So, I want to know is it really the case that police can register FIR for unnatural rape of wife only after the matter has been through CAW, or is my IO just misleading me?
You can directly file for a FIR against your husband under section 377 IPC. And if the police officials fails to register your case then you can file it before the magistrate of your area under section 156(3) for registration of FIR. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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You need to get your medical examination done to hv evidences in your hand …your complaint might also have ingredients of sec 498a n that’s why I/o might b referring you to CAW cell …on the other hand sec 377 ipc is applicable if done forcefully ..
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Adv. D. Khan
Delhi | 500+ Answers
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No CAW complaint is required if the offence is under sec 377. You can approach the court directly to get an FIR registered if police is denying to do so. For any further legal assistance please feel free to contact
Thanks
Thanks
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Adv. Bhawana Pandey
Delhi | 500+ Answers
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ma'am unfortunately wife yet not have any remedy regarding the rape and unnatural sex.
even your partner do unnatural sex with you. it may be common for others. for that reason there is no remedy for that
you can go for domestic violence case or divorce for cruelty.
even your partner do unnatural sex with you. it may be common for others. for that reason there is no remedy for that
you can go for domestic violence case or divorce for cruelty.
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Adv. Harsh Singh
Delhi | 25+ Answers
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such forceabke unnatural sex is crime and in certain cases it amount to marital rape also. you have every right to lodge your complaint with police but since it is a matrimonial matter, hence, police have to carry counseling and mediation through CAW cell. As such IO is not misleading.
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Adv. Siddharth Srivastava
Delhi | 100+ Answers
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