Rape false pretext

Querist : Anonymous (Querist) 10 October 2011 This query is : Resolved
A man assuming the age of girl 19 (as per her false pretext) marry with her and consumes marriage.

Afterwards she for the reason of being tutored by her siblings denies for valid consent of marriage due to her actual age under 16 as per records and alleges rape against such person, what is the remedy to him?

Can he invoke as she was consenting party to the intercourse and as he is married with such girl have right to make intercourse?

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Shonee Kapoor (Expert) 10 October 2011
Unfortunately not.

sad, but true.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

ajay sethi (Expert) 10 October 2011
agree with shonee if she was under 16 police will slap charges of rape against you .

what basis did you conclude that she was 19 years old . did you see any identity card ? any driving licence?

Arun Kumar Bhagat (Expert) 10 October 2011
It is not rape.It falls under exception of 376 IPC. She is not under 15 years of age but she is the wife of the said man. Whether marriage is void or not,it is different question.

Isaac Gabriel (Expert) 10 October 2011
Both are parties to the marriage in the presence of friends and relatives.How the complaint of rape sustain? Of course, the marriage to be treated as void.

Querist : Anonymous (Querist) 10 October 2011
arunji i need a favor, plz provide me citations.

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