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(Guest)

Marriage to avoid rape charges

My father in law gave witness to my court marriage and signed as 1st witness to it.
On the same day he also filed a suit of permanent injunction against me and has signed on the affidavit (mentioning the same date). It is a sheer case of cheating with me. In the suit he has mentioned that he has disowned his son via some newspaper 3 months back and has filed a suit against him but has not attached its copy.

On one hand he is witnessing our marriage on the other hand he says he has disowned his son 3 months back.

THEY HAVE SOLEMNIZED THIS MARRIAGE ONLY TO ESCAPE FROM SEXUAL ASSAULT CASE AGAINST THEIR SON. AND THEY DIDN'T LET ME LIVE WITH HIM FOR A SINGLE DAY. I HAVE FILED AN FIR ENTAILING THAT MY HUSBAND HAS DONE CHEATING WITH ME TO AVOID RAPE CASE AS HE HAD RAPED ME 2 YRS BACK AND THEREAFTER MAINTAINED PHYSICAL RELATIONS ON PRETEXT OF MARRIAGE.

Police has levied 376,377,498a and now 120b. 

Is 420 also applicable in this case against my father in law? 

I am very shattred as my husband got 1.5 months interim bail stating he was and is ready to live with me in a rental accomodation and so the session judge sent us to mediation.

But i dont wana compromise now! coz i know he is saying so to get away from this case and later on will not live with me. He will again cheat me the way he did before.

How come the judge gave him 1.5 months bail for settlement??? What to do now???

My f-i-l also got 2 months bail as in FIR only 398a was levied and 120b is now being added separately.

Pls suggest!! Can my husband be granted regular bail also since he has marry me and is ready to live on rented accomodation? won't he ever serve punishment? 

 

Wont judge take into consideration that he married me only to avoid rape case and is now wiling to live in rental accomodation and not matrimonial home only coz he wants to avoid punishment?



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 3 Replies

ajay sethi (lawyer)     29 May 2013

1)please note that consenusal s*x is not rape . if you had physical relations hsip with a man with consent it wont be rape . 

2) if on other hand you had s*x with him and he had promised you marriage and backed out then  you would have case . 

3) now your partner has married you and is lving with you in rented accomodation . it is better you stay separate with your husband . 

4)as far as your father in law is concerned it is upto him whether he wants to disown his son or not . no case of cheating is made out against father in law 

5) if your husband subseqnely deserts you after marriage you are at liberty to seek maintenance from him . also you can ask for right to stay in shared household or seek alternative accomodation from husband under DV act 

6) consult a marriage counsellor and try to save your marriage . 

1 Like

(Guest)

His intention is not to live with me. Had it been the case then he would have taken me to his matrimonial home. He hasn't lived even a single day with me after marriage. As even the judge knows this dosown is all drama. Moreoever he has conspired with his father to avoid rape charges and i have evidence to prove this conspiracy.

 

anyhow i dont agree with u and i will fight for justice.

stanley (Freedom)     30 May 2013

@ author 

What do you seek and what do you want from the outcome of this marriage should be your first priority rather than seeking revenge which we can see from your post above . But it rather seems that you are looking at 498 A in a manner you wish to get into a settlement and squeeze them for settlement money . Now that they have got bail this case is going to drag on for years  5-7 yrs till than you would grow old .

Hence the above drama enacted by the father in law in disowining his son has come into the picture . Seek MCD and Re-marry again rather than running around courts .


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