Can a wife whose divorce petition is pending in the family court, file a rape case against her husband if he forcefully does s*x with her without her consent? Kindly guide
saravanan s (legal advisor) 16 February 2015
Mohammed Ameenuddin (Sr. Legal Manager) 16 February 2015
When there is a divorce petition pending in the court of law, it would be obvious that both husband and wife are living seperately and their matrimonial relationships are in jeopardy. In this circumstances, if husband forced to have s*x with wife without her consent, yes, then it amounts to rape.
Darshan Shah / 09892727182 (Private Investigator) 17 February 2015
Mr. Saravanan & Mr. Mohd. Ameenuddin, thanks a lot for your prompt reply, but I forgot to mention one thing, that is in spite of the divorce petition is pending in the court, both the husband and wife are staying in same house at present. But if still it amounts to rape, then please guide under which section of IPC? The divorce petition is filed in December 2014 and the matter is with the counselor of family court.