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Subhomoy Das (Retail Manager)     16 August 2011

Rape

CAN A WIFE FILE A RAPE COMPLAIN AGAINST HER HUSBAND IN THE POLICE STN/ COURT. PLS BE NOTED THAT THE SEXUAL RELATION HAVE TAKE PLACE WITH MUTUAL CONSENT OF HUSBAND AND WIFE. HOWEVER THE WIFE DELIBERATELY PUT SCRATCH MARKS / INJURY MARK ON HER PRIVATE PARTS OF HER BODY TO SHOW THE POLICE THAT HER HUSBAND RAPED HER AND HAVE A FORCIBLY SEXUAL RELATION. HOW THE HUSBAND WILL SAFEGAURD HIMSELF.

PLS ADVICE.



Learning

 2 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 August 2011

No in India wife can not file rape case against husband.

However, she can charge for s*xual violence under PWDVA, 2005

Saurabh..V (Law Consultant)     17 August 2011

@Author

 

You are safe. Wife cannot file rape complaint against husband. There is no law in support of such complaint. Police cannot register it. But she can go for 498a etc.

 

//peace

/Saurabh..V


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