manoj (accountant) 08 August 2009

suffering case u/s 376 after merrige

sir,

i have suffer case U/s 376 for last one year i have a girl freind her good relationship with me i knew her past 3 years but due some misunderstanding with our mind girl and her parents FIR lodge against me and my family that he or his family does not except me they are involve for that rape after case lodging i and our famili under custdy for 6 month after and after 6 month i want to merry her becouse of love and she agreed for marriage and she promised that i will quessing your FIR but after

marrage she refuse to quessing our FIR nad she blacmailing us i will lodge another FIR lodge if you dont give me moner . i am belong from very poor familyu so kindly help us and give legal advise

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2 Replies

Adv. Deepak (Advocate) 08 August 2009

Has your marriage been performed as per rites and ritulals of Hindu Marriage or you belong to some other community? Have you any issue from your wife? You can approach the court where your case of 376 is going on and request the court that you have married the girl and hence, you may kindly be discharged from that case. You can start living separately from your wife. You can initiate divorce proceedings against your wife. However, you have to maintain her. Is she having separate source of income? You can initiate a police complaint against her that she is blackmailing you and your family members.

Rajesh Kumar (Advocate) 14 August 2009

Merely beacuse a person marries a rape victim, that is no ground to discharge the accused. One should not make effort in that direction.

It appears that the girl forced the querist to marry by threatening him legal injury (prosecution and evidence in legal proceeding). Such threat of legal injury for consent of marriage is nothing but extortion of the consent and the girl and their family members are liable to be prosecuted for extortion. Presently the girl is asking for money. If the querist records her voice asking money and giving threats (right or wrong), the case of extortion is well established. This case of extortion will aslo assist in defending the false accusation of rape.