498a

Engg

Hello All,

                I am in very big trouble, please help...

My 498a case trial is going to start in next week, in last month my wife called me and told me that she want to take back her false case on a condition that I should live with her. I agreed on her condition. We was doing chat on mobile from last month, she called me to meet in her hometown. We meet and also we done physical relation with both consents. But now court date is on next week, so from this week she again changed.

She calling me and telling that she doesn’t want to take back any case and also don’t want to stay with me, in fact she threatening to put rape case on me. She again cheated me. I don’t know what to do. She also changed her number in this week. I am having all her message from her old mobile number in which she said ''I love u", ''I Miss U'' etc...

Please guide some solution

Thanks in Advance

 
Reply   
 
Lawyer

dont worry, let her do anything

 

u keep the record with you and let her make any allegation.

 

she is your lawfully wedded wife, and in your case if she goes for allegation of Rape then she wont be able to prove it beyond reasonable doubt.

 

give a brave face to the things and have faith in your lawyer.


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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

She is still your wife. The concept of marital rape is not applicable in India. In india a man cannot rape his wife (if the wife offcourse is above 15 years) Hence don't be worried on the rape allegations. 

As regards 498a - the fact that she was engaging in such conversation/contact with you, if presented correctly greatly improbablises her case, and may fetch you an acquittal. 


Feel free to talk !


Bharat Chugh

Advocate


Total likes : 4 times

 
Reply   
 

The qustion of rape does not arise al all. Are you on bail? The question of dowry comes , then find out if such amount is in the records of IT department. If not she will be in trouble. Request your lawyer to stress this aspect. Ask him to explore th possibility of raising the offense of giving dowry in the proceedings which is an offense and as per the other party , this is on record.You have to be careful while talking on phone or again having a s*xual relationship, it might be a trap to frame up .

 best of luck

avrao

 
Reply   
 
Engg

Thanks all for your reply, but i have read somewhere that

''1[376A. Intercourse by a man with his wife during separation.—Whoever has s*xual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either descripttion for a term which may extend to two years and shall also be liable to fine].''

As my divorce case is also going on, so we both are in decree of separation.

Only the thing is, we done physical relation with both consent.

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

Rightly put forth by my learned collegaues Mr. Kiran and Mr.Bharat.

Don't go by the bare provision of 376A. There has not been a single conviction till date under 376A. It will result in an acquittal. For 498A, save the messages that you exchanged during your separation. They will prove handy.

 

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court


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Legal Enthusiast

decree of sepration is awared by competent court. so no need to worry as no such decree is awarded to you..

secure evidence against her and do not file any counter case.. 


Total likes : 1 times

 
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Dont worry ..she is not mad to acusse u of rape... if she does she will fall flat on face...wheres the medical report , FIR etc...

 
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