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Rape marriage divorce........................
15-Aug-2023 (In Criminal Law)
I was in relationship with a guy from 8 yrs and he physically used me on false marriage promise and I lodged complaint and he agreed for marriage and we got married but after 02. Yrs he filed for divorce without reason. They harssed me for dowry. It clearly shows he married with intention to divorce to escape from that case. Ad now I also want to give divorce because he is not ready to keep me and he will torture me more. So my question is after divorce decree . Can I again filed FIR 376,375,377 on him and police will arrest him and court proceding will start he will get leagl punishment and I can get justice. ? I also filed 498a which I won't cancle on any cost bcoz chargesheet is done. And after divorce 498 a will continue ?
Sorry to know about your situation. Once you married with him then the previous instances giving rise to the criminal complaint against him came to the rest ans therefore you won't be able to to revive it any further. However, in addition with 498 A you may give a try to enhance the offence
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Adv. Mohd Atik Iqbal
Akola | 900+ Answers
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Hello
Advocate Minakshi Ovhal here
has passed divorce decree? wife cannot file a rape case against her husband directly. However, alternative remedies are available to the wife under Protection of Wife under Domestic Violence Act,2005. you cam file Domestic violence case against him. thank you
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Adv. Minakshi Bapu Ovhal Dakhane
Pune | 200+ Answers
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Yes, your 498A case will survive even after divorce decree. It is a criminal proceeding and it will go on. You can also file a case against your husband under the Domestic Violence Act. Kindly book a consultation call for a detail advice.
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