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karam   22 January 2015

Want to file adultery along with the rape case

Dear All,

I got married a year back, was very happy initial 3-4 months, suddenly because of my drinking & smoking wife got into depression. an office colleage who was a friend to her took advantage and gave her some sedatives in cold drink and raped her in the car 4 months back, and then first threatened her of the defamed and then told that he loves her, she should seek for divorce and he will marry her as he cant see her like this. They got into a relationship for two months and then suddenly he changed his words and again threatened that he has some videos and photos of her.

Now we filed for the rape, he applied for anticipatory bail, the police and the judge have been sold out to him now, judge gave him interim thrice and now said that when the forensic will come of his laptop and phone( which he himself handed over police id not recover on time) then also police will inform him a week before arresting him. we have no proofs of 4 months back, but have messages where he has written that he spoke to his parents and they said no for the marriage. also we have the hotel bills where he took her thrice in 2months.

Should i file for adultery also, coz me and my wife both have suffered a lot because of him and we want him to be punished at any cost, pls advice.



Learning

 2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 January 2015

Section 497 of IPC reads like this: Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor. As per the wording of the Section adultery and rape cannot go together. But as he had relationship over a period you can say that at first it was rape and on later occasions it was adultery. Do you and your wife stand together now. If so you can file for adultery now. If the court accepts your case the wording of the Section is such that your wife will not be punished for adultery.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 January 2015

Your wife can also file case against him under IPC Section 292A-(Blackmail) and 503. Criminal intimidation.

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