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withdrawal of case under section 376 and filing divorce under 13b
10-Feb-2023 (In Criminal Law)
I have lodged a complaint against a man that he intoxicate me and click my pictures of marriage and procured marriage certificate with my sign. I have redidex wid him for 3 mnths but after dat he left me. Den i filed a case under 376 against him.he was p.o. but nw confined in jail.nd wants bail in high court. Judge has asked for mutual divorce under 13 b or to go in trial against dat man. nw what is the best option ?can i withdraw 376 case nd took divorce under 13 b. Can he file a case against me for false case as it shows if i want to end all dis.plz guide me
Hi, you cannot simply withdraw case under section 376. Court can discharge him. Once discharge he can bring case against you for defamation. Mutual consent divorce is different matter. If u agree upon mutual consent divorce is different matter and 376 is different... for further contact me
Adv. Shivam Sood
Ludhiana | 200+ Answers
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First of all no u can not withdraw 376 because it's a state case and no compoundable offence . Secondly if u want to get divorce then y u option for 13 b u can file a divorce case under section 13 of HMA and can have divorce because if he is lodged in jail he won't be Able to contest it . He cannot file any frivolous case against u and if he files u can prove him wrong in court.
Adv. Geetinder Singh
Amritsar | 100+ Answers
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Dear friend, i say that you should not withdraw the case under section 376 IPC against him, but filing of divorce case under 13-B with mutual consent will not create a problem. Please note even a legally wedded wife can also lodge case under section 376 of rape against her husband if the sexual intercourse done without her consent. So you can proceed with divorce and also get compromised the matter of FIR in high court only. Please be aware and vigilant while getting the divorce petition and compromise etc drafted.
If you want to live without him than 13b is better option... Mention all thing in your statement that you withdraw all the ligition againt him and he will not file any case against you in future regarding these old cases.
Adv. Kuldeep Singh
Mansa | 25+ Answers
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No do not do that kind of mistake. Without consent of your lawyer do not withdraw any case. If you never consented for marriage then the question of divorce not arise.
Take one stand and stick to it.
Take one stand and stick to it.
Adv. Bhart Virdi
Patiala | 25+ Answers
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- Section 376 of IPC
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