Gautam (Engg) 14 October 2012

498a

Hello All,

I am in very big trouble, please help...

My 498a case trial is going to start in next week, in last month my wife called me and told me that she want to take back her false case on a condition that I should live with her. I agreed on her condition. We was doing chat on mobile from last month, she called me to meet in her hometown. We meet and also we done physical relation with both consents. But now court date is on next week, so from this week she again changed.

She calling me and telling that she doesn’t want to take back any case and also don’t want to stay with me, in fact she threatening to put rape case on me. She again cheated me. I don’t know what to do. She also changed her number in this week. I am having all her message from her old mobile number in which she said ''I love u", ''I Miss U'' etc...

Please guide some solution

Thanks in Advance

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7 Replies

Kiran Kumar (Lawyer) 14 October 2012

dont worry, let her do anything

u keep the record with you and let her make any allegation.

she is your lawfully wedded wife, and in your case if she goes for allegation of Rape then she wont be able to prove it beyond reasonable doubt.

give a brave face to the things and have faith in your lawyer.

2 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 October 2012

She is still your wife. The concept of marital rape is not applicable in India. In india a man cannot rape his wife (if the wife offcourse is above 15 years) Hence don't be worried on the rape allegations.

As regards 498a - the fact that she was engaging in such conversation/contact with you, if presented correctly greatly improbablises her case, and may fetch you an acquittal.

Feel free to talk !

Bharat Chugh

Advocate

4 Like

venkateswararao akkinapalli (associate) 15 October 2012

The qustion of rape does not arise al all. Are you on bail? The question of dowry comes , then find out if such amount is in the records of IT department. If not she will be in trouble. Request your lawyer to stress this aspect. Ask him to explore th possibility of raising the offense of giving dowry in the proceedings which is an offense and as per the other party , this is on record.You have to be careful while talking on phone or again having a s*xual relationship, it might be a trap to frame up .

best of luck

avrao

Gautam (Engg) 15 October 2012

Thanks all for your reply, but i have read somewhere that

''1[376A. Intercourse by a man with his wife during separation.—Whoever has s*xual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either descripttion for a term which may extend to two years and shall also be liable to fine].''

As my divorce case is also going on, so we both are in decree of separation.

Only the thing is, we done physical relation with both consent.