Cohabitation with ex wife is punishable 376 or 493

jagdish arora (Querist) 02 June 2013 This query is : Resolved
bbbbbbbbbbbbbbbbbbbbbbbbgggggggggggggggggg

Follow Query

Report Abuse

Devajyoti Barman (Expert) 02 June 2013
Was the ex wife after divorce still staying with him?
If yes then it was no rape, mere consensual sex.

V R SHROFF (Expert) 02 June 2013
If she complaint of Rape and have sex by deceit, FIR is filed,
Bail will be rejected.

It seems Govt servant. did it.

He should have issued Notice to her,
Should have informed her that you are Divorced.
It seems he hide this fact, so he committed a crime, and will be punished.

Sudhir Kumar, Advocate (Expert) 03 June 2013
it seems that the husband has hidden the fact of divorce from her and she believed herself to be the wife. rape case fits in.

Nadeem Qureshi (Expert) 03 June 2013
Dear Mr. Jagdish
there is no rape it should be comes under section 376B of Indian Penal Code but if she is living with husband then this section will not be attract/applicable because in section 376B it is clear that "who is living Separately"

Feel Free to Call

Sudhir Kumar, Advocate (Expert) 03 June 2013
I have slightly different view. In case husband know about divorce and wife does not. The wife continues under the impression of being a wife and allows cohabitation while husband knows that she is no more his wife. The connect is received on deceit and fraud. Rape will be there.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries