Legal Question in Criminal Law in India

Hi,

I have a very complicated case. I have been suffering ever since December. In Dec my boy friend raped me and then when i went to police (i didnt lodge a complaint) he compromised and got married to me. Then within 2 months he started talking about divorce saying that his parents are against it since it is an inter religion marriage. It was pre planned by his parents and him. He got married just to escape the case, we never lived together, now he has resigned his job and without my knowledge went to another state. I have given him enough chances, now i want to book him for rape+cheating+harassment. Cops said i cannot book him for rape since i am already married. But i think they are just trying to avoid an investigation head ache. Can you please let me know if a rape case can be booked against him still. Thanks a lot for the advice


Asked on 6/11/11, 9:33 pm

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

May be.

However, delays, particularly unexplained delays make case highly doubtful.

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Answered on 6/11/11, 10:34 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

unfortunately, u married him before the cops could lodge an f.i.r. for rape. in this situation, the allegation of rape is not sustainable and you may resort to other remedies viz. domestic violence complaint etc. for redressing ur grievances.

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Answered on 6/11/11, 10:43 pm
shiv shakner saini saini law

There are so many possibilities. and it depends on you that how well you can explain matter to your lawyer.

At this stage you can't lodge FIR by your self you must take help of professional lawyer. He knows what contents should be in it.

for any help and more detail contact on my mobile no. given here. 09587744142

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Answered on 6/12/11, 1:11 am
Vishwa Arya Arya & Co.

i not in agreement with any of the opinion, above. Yes, you can file a criminal complaint with the police not only for rape but for cheating also. If police does not register the FIR, for whatever reason, you have two options:

1. file a complaint with the police. If police does not register, file an application with magistrate of your area seeking directions for police to register the case.

2. You may directly file a complaint before the magistrate. Lead evidence both of rape and cheating. the court will summon your husband.

Remember, rape complaint can be even against the husband.

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Answered on 6/12/11, 1:48 am


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