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Section 376 accuses, need advise


22-Nov-2023 (In Criminal Law)
I have been separated for more than 5 years from my first marriage. In Oct 2016 , I met this another guy through Jeevansathi who promiSed for marriage and forged 15 lakhs in three years and also sexually , physically assualted me. In June 2019 when I brought this whole incident in light of his parents he sexually assaulted and beat me at my home in July 2019. I did not discuss with anyone. But in Oct 2019 I finally filled FIR against him. Before June 2019 we stayed together for one month in same house because he had financial issues. Now he is been charged with 376 and other 4 sections and he is and absconding. Since my divorce is not done yet , will my side case be effected due to any of this? I have mentioned and told about this to my ex-husband as well and he is aware about my current situation
Answers (2)

Answer #1
560 votes
Hello if FIR has been filed u/s 376 IPC case must be under police investigation, police need to arrest the accused and produce before the court. Have your statement been recorded before magistrate. Need to know contents of FIR. Your Divorce case is altogether different and has no bearing on the FIR. It is important to know if the divorce is filed with mutual consent or it is contested. Further details of facts, events and circumstances can help me to advise further.
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Advocate Ranbir Singh

Adv. Ranbir Singh

LawRato Faridabad | 25+ Answers
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Answer #2
561 votes
It may affect your case, depending on how any of these facts are presented before the Court and also, until and unless any Advocate present here knows what your other case is properly, its not reasonable to comment upon it.
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Advocate Pinak Beri

Adv. Pinak Beri

LawRatoGurgaon / Gurugram | 25+ 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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