Pre-marital sex relations can be considered as rape
sanjiv
(Querist) 06 February 2012
This query is : Resolved
It was arrange marriage. I have completed 1.5 year to my separation. During this period she mentally harassed me a lot & finally now ready to join me again. I lost my mother due all tensions she caused for . Now I don’t want her in my life again. So she filed DV act & 498(a). Still Investigation of Local Police station is pending.
I made mind to face both cases. Because as per my lawyer its initial pressure of these cases. After bail no worries .
But my problem is she is going to file rape case against me in court. She is telling that I had forced her for Sex several times before marriage (Like rape). We had sex in her farmhouse when she was also agree for that.In village it was easy for Even her cousin sister also helped us. Cousin went abroad after her marriage & obviously she will not admit. I will deny her offense about forced as rape. Even after all I was married after that and lived couple of months together.
My Question is : Physical relationship before marriage can be consider as offense in Divorce case? Should I denied about sexual intercourse before marriage ?
I know her lawyer put all these things in her mind. How should defense it?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 February 2012
keep cool and face the cases. Now time for filing rape cases is over since there will be no proof.
ajay sethi
(Expert) 06 February 2012
consensual sex is not rape . it was done by mutual consent . subseqently you have married her .
if you have been separatedfor 18 months
it is better to obtain divorce by mutual consent .
sanjiv
(Querist) 06 February 2012
Thanks JSDN ji & Ajay ji,
But Can I denied about this relations in front of judge ?
Yes no proof available..
I'm under impression that I can get bail for DV and 498..... but possibly it will be hard for me to get bail in rape case.
Is it true?
adv. rajeev ( rajoo )
(Expert) 06 February 2012
Now she cannot file a rape case, she has to prove that rape is committed, moreover you are already marriage. If she files she cannot prove. Dont worry about that.
She cannot file a rape case.
Deepak Nair
(Expert) 06 February 2012
As per the given facts, the allegation of rape is not maintainable.
Even if you admit that there was sexual intercourse before marriage, you can argue that the same was with consent after the marriage was fixed and subsequently you married her.
Above all, the place of intercourse was her own farm house and you can argue that hse had initiated the same and made all the arrangements.
Anyways, it is better to do as your advocate says.
Devajyoti Barman
(Expert) 06 February 2012
The various High Courts are divided on this aspect.
The High Court at Calcutta in plethora of cases has held that sex on promise of marriage is equivalent to rape.
Deepak Nair
(Expert) 06 February 2012
Yes. Since you married that girl, the allegation of repe does not have any stand.
sanjiv
(Querist) 09 February 2012
Thanks sir,
But one Question sir.
Should I agree that we had sex before marriage?
sanjiv
(Querist) 10 February 2012
Sir,
After marriage she was denied a Sexual relationship several times ?
I put this issue during relatives meetings. Sex is man's need. It was my main ground.
Now she is replied that I was asking for annual sex so she was refused me that time.
It's not true. I was never asked about her for annual sex.
All this was put by her legal advisor.
I need suggestion on how to defend this ?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 February 2012
Her accusations can not be proved but it will have harassment value.
Light is white but when it is passed through PRISM it is converted into seven different colors which are totally contradictory with each other. THIS IS POWER OF CROSS, POWER OF DEFENSE.,POWER OF NEGATIVE WHICH IS PERPETUAL AND ABUNDANT.
So it is easy to demolish any case by properly conducted cross examination of complainant and its witnesses., what ever may be facts and circumstances of any case.
V R SHROFF
(Expert) 10 February 2012
You can ask her
"WILL ANY GIRL MARRY A RAPIST"??
I THINK, NOW IT IS NECESSARY , THAT ALL LADIES MUST REGISTER HER SEX RELATION WITHIN A WEEK, AND GET SIGNED BY ANOTHER PARTNER, WHETHER IT IS RAPE, OR HE PROMISED TO MARRY??
why man not complain rape?? or forcible sex??
Why all girls, who try to lure, and fails in her attempt to marry one of her so many sex partners, claim he raped!!
That too, after marriage??
OK, deny physical relation.
It is impossible for her to prove rape, after 1.5 years.
V R SHROFF
(Expert) 10 February 2012
I'm Boy's friend.
He is apprehensive about divorce. If court would deny him divorce then how could he will live with her.... who send him into jail.
U EARN 11K PM , AND READY TO PAY 3K MTN?
THIS IS YOUR PREVIOUS QUERY.
http://www.lawyersclubindia.com/experts/What-happend-if-husband-stuck-on-divorce-277141.asp
Deepak Nair
(Expert) 10 February 2012
Shroff sir have given more advise than you asked for.
so, fight the case in its merit.
Shonee Kapoor
(Expert) 10 February 2012
Keep cool and fight cases on merits.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 06 February 2012
