Legal Question in Criminal Law in India

marital rape

Hello,

I am hindu girl married hindu boy.My husband has filed for divorce.The main reason behind this divorce is my motherinlaw.My motherinlaw used to provoke my husband for divorcing me.My husband used to cried and said his mother wants him to divorce me.So even he started asking for divorce because according to him he caanot leave his parents so he has to leave me.

My husband started sleeping with his parents.But even before the day he started sleeeping with his parents he cried and and got physical with me.when his mother used to provoke him for divorcing me he used to asked me for divorcing him.But used to cried and used to make me week by saying he doesn't want to divorce me and used to have sex with me.But oneday he started sleeping with his parents even day before that he had sex with me.

Now i feel being cheated and used by him.When he wanted to divorce me on his mothers wish then why used me for couple of days to fulfill his urge.

I want to teach him a lesson for thinking wife as object and played with her emotion to fulfill his urge and then filed for divorce without valid reason.Can you advice me how can i punish him?Is there any concept of marital rape in india and is my case maintanable under that sec?


Asked on 3/27/09, 6:24 am

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

Re: marital rape

Consult your lawyer with all details.

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Answered on 3/29/09, 2:16 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: marital rape

HELLO.

GOOD AFTERNOON!

Forget about rape or anything.

I would advise you to make clear that wheather you want to stay with him for your entire life or not.

If you dont want to you can always teach him a lesson.

Before coming to any conclusion take some time and think over.

As application of 498-A or DV is one way lane. You will never get back to your husband.

Take help of your friends or relatives. In case if you dont want to disclose the matter to them you should contact a lawyer who can engage a local counselling person for you.

If you are from Ahmedabad City, GUJ please contact personally.

Take Care.

In case of need please contact personally alongwith the details.

OR

In case of further query mail me.

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Answered on 4/04/09, 6:01 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: marital rape

You may entitled to file a criminal case of cruelty under section 498-A IPC. You may also be entitled to seek appropriate remedy under the Domestic Violence Act. You may pursue both remedies - civil and criminal - simultaneously against your husband as well as against his mother.

You may also claim sufficient maintenance amount as well as damages.

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Answered on 3/27/09, 7:39 am


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