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376 ipc

(Querist) 29 December 2018 This query is : Resolved 
Respected sir,
My boyfriend whom I had filed an 376 ipc based on he promised to marry me and had physical relationship then he cheated me.Later as he agreed we got married. And I withdraw the case. Now it's been 2 years he is cheating me again having an affair with other woman and asking divorce. He has sometimes forced me to have a physical relationship with him.Can I file 376 case or similar on him again? Thankyou
Vijay Raj Mahajan (Expert) 30 December 2018
Give him divorce on the ground of cruelty and adultery, nothing else you can do or get relief from the court.
If some greedy lawyer advice you to lodge criminal complaint against him or move court for criminal charges, that means he's making fool of you nothing else. He'll be making money by getting all false criminal complaints made through you.
Dr J C Vashista (Expert) 30 December 2018
Provisions of Section 376 IPC are not applicable in case of having physical relation of husband with his wife.
Discuss with your husband for amicable settlement of differences.


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