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FIR UNDR 376 AFTER MARRIAGE IF REGUSED TO LIVE WITH WIFE.
07-Feb-2023 (In Family Law)
Respected Sir,
I am a govt. employee. I was in a relationship with a girl. We wanted to marry. Till we didn't have any physical relation. I talked to my parents. They refused to get us married. I didn't want to marry against my parent so told the girl that our marriage was not possible. She said, "It is Ok". We moved ahead in relationship. Got intimated. After somedays later girl told that you would have to marry otherwise face rape charges. Got married. Now she harassing as she wanted only money. It is why she had marriage. Even got beaten me by her brothers. I refused to live with her. She filed complaint in CAW Cell. It has been 09 months since we got married.
Now can i be charged with rape under sec 376 if refused to live with her.
No there’s can’t be any 376 against you as you have already gone through the marriage. Marital rape is not a criminal offence under the Indian law. But she can file a DV case against you and also a FIR u/s 498a. To avoid this you must file for divorce as soon as possible if you are not interested in living with her. For more assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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I have carefully peruse your query and it is apparently very serious. Would advise you that since you have married section 376 ipc would not attract, to the maximum it is sexual abuse if you have used force. I would advise you to seek a detailed consultation from a lawyer having expertise and follow his advise
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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you need to prove that sexual relationship was before marriage and then when you show that after getting intimate you got married with her wish then it will not be considered rape. it will be considered as consented relationship between two adults. you must file a FIR before things go tio far.
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Adv. Sakshi Garg
Delhi | 25+ Answers
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