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Querist : Anonymous (Querist) 05 June 2011 This query is : Resolved 
Hello,

I would like to know that a man married for 23 years with 2 kids from his wife but had not informed the wife about himself being an illegitimate son amount to raping his wife in all those years and does the Section 376 IPC apply to him.
Secondly the properties were put in good faith on the wife’s name along with the husbands name because of love and affection and a Registered Power of Attorney was obtained from the wife. The monies for the properties had come from landed property of the husband’s mother and father. When found that the wife was not behaving in the right manner and went in Christianity without informing the husband and besides that many other unmentionable facts, the husband via the POA transferred the the wife’s share of the property as a Gift back to his mother.
We were married as per Muslim Law. Divorce case is still pending in the Family Court. Wife had run away and filed the case. Besides that for the property there is a separate case filed in the Civil Court.
Custody of the minor son has been granted to the father by the Family Court.
Does any of the above attract criminal charges towards the Husband and his Mother for Criminal conspiracy(Section 120-B IPC),cheating(Section 420 IPC), Rape(Section 376 IPC) read with Section 34 of the Indian Penal Code. This has been filed by the wife besides the other above cases.
Kindly explain does any of the above apply to the case filed and summons sent. I believe a bail has to be obtained. Mother is nearly 80 years and husband is 50 years.
As this is quite serious I will appreciate and be obliged for an answer if possible a little elaborate one.
Kind Regards to all.
M/s. Y-not legal services (Expert) 27 August 2015
anonymous/academic query can not be answered..


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