Anonymous (ABCD) 05 July 2013

Need urgent help - rape case

Hi,

I'm in high distress. I'm from Delhi. I had a love marriage against my family wishes, arranged in a temple a year back. In fact noone know about it except our friends. My husband works out of Delhi. He used to meet me every weekend and used to stay at my place. He maintained s*xual relationships with me. But after 11 months, he absconded and is now saying that he has never married me. When I went to his parents who stay in delhi, they beat me. I lodged an FIR and now there is a rape case on my husband.

He filed for the anticipatory bail and mentioned that I've been pressurizing him to get married to him, whereas the truth is that we are already married. he is also saying that he refused to get married. How can I pressurize him now? Also I showed all the marriage proofs in the court. Despite of it, he got the bail. The bail order says that His lawyer has proved the marriage whereas the girl fails to admit it, whereas it was vice versa. His side denied from the marriage, whereas I was adamant in the court that I have been tricked into a marriage by him.

Now we have applied for the cancellation of bail. A notice has been sent to him from the court to file a reply and he has been given 1 week to file it. I want to reconcile with him but he is not ready to listen to me, whereas he is at mistake not me. I have read a lot about mediation centres. Can it be helpful in my case? Also I want to know how the court can give him the bail when he himself refusing from the marriage whereas the photos show the marriage.

The judge was adamant that when it's a marriage, how can it be a rape? But the judge ignored the fact that he didi nt give me the social status of wife during this time. He used to come, used to use me physically and didnt keep me with him at his place even for a single day.

Please help!

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3 Replies

Advocate Rohit (Advocate) 05 July 2013

you need to tell the court that the so called marriage was done by him only with the intention to s*xually exploit you and not to live with you. Thus, he is guilty of raping you and exploiting you.

Do you have any witness to the said marriage????

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

R Trivedi (advocate.dma@gmail.com) 05 July 2013

The court is right, when you are admitting and adamant that it was marriage then where is the rape ??

Proving that you were tricked into marriage is difficult, even today you wish to reconcile with him. You are making so many emotional contradictions. First decide how you wish to go about.

1. If marriage is proved in law, then rape theory will go away and you can seek remedy under various other acts.

2. If marriage is not proved in law, then you have a good case that you were tricked as married to him and you were raped.

But you have to take a stand in advance, it is not that if A fails stick to B or vice versa.

Anonymous (ABCD) 09 July 2013

Thanks for your reply.

Yes, I have witnesses as there were friends who attended my marriage. Also, I have photos and Video of the marriage. But I still could not figure out as how he has got the bail coz his bail application says that I'm pressurizing him to marry me, whereas I have already shown the proofs that the marriage has already taken place. Should not his own statement in the bail application enough for the court to understand that he is not accepting me as his wife and he pretended eveything.