ragz hyder (PM) 13 August 2013
My virtuous wife, who refused to consummate the marriage on honeymoon has filed a case of forced s*x against me.
what are the consequences....how serious. I can prove false based on all her love letters later on...but .... my life..the police are making my parents life miserable on one hand and 498A FIR has been filed against me, parents and sister.
Suri.Sravan Kumar (senior) 13 August 2013
forced s*x is nothing but a rape. This has to be proved in the court of law. Consult a good criminal lawyer.
fighting back (exec) 13 August 2013
as per a post i read in the forum, forced s*x in marriage is not a rape, please search for judgement by the SC, because i dont remember the exact link, but yes i have read it.
Arun Laxman (Advocate cum Assistant Professor) 13 August 2013
As regard a valid marriage as per law, there arises n exists (express n implied) consent of a wife for all marital rights of a hub over her once she consented to contract marriage with him and she cannot retract that back unless she gets divorce r judicially separated. As this the position, there is no question of forced s*x unless there is an order of judicially separated. So u cannot be charged for rape (provided wife must not be under 15 years of age).
And now regarding S.498A, act of s*x without consent of wife does not come within the meaning of cruelty unless it is coupled with any wilful act of causing injury to her while consummation. it is marital duty of wife n marital right of hub to consummate. Once marriage tie exists, there is consent of wife to consummate with her hub even if she not desire to have intercourse. But if hub r his relatives cause any physical r mental cruelty to wife, then S.498A is attracted.
Summarily, consummation without consent of wife is not cruelty but if it is done with any bodily injury r mental injury (for eg., insisting r taunting her prior conduct before marriage n thereby having r forcing to have s*x r while havin s*x ) amounts to cruelty u/s.498A.
Adv k . mahesh (advocate) 13 August 2013
all the answers are right
but one thing is very clear before marriage and after marriage there should be equal cooperation for the above said query and also if there is no consent from either party is said to be cruel in nature because wife may complain that by harassing and harming her husband is taking advantage of mariage and forcing her to having s*x without her consent and she can file case
and about 498a on what ground she filed is the question and involving all your family members in this then you have to fight
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Originally posted by ragz hyder
My virtuous wife, who refused to consummate the marriage on honeymoon has filed a case of forced s*x against me. what are the consequences....how serious. I can prove false based on all her love letters later on...but f**k my life..the police are making my parents life miserable on one hand and 498A FIR has been filed against me, parents and sister. ___________
Dear ragz, A s*x within husband and wife can't be termed as marital rape even though it in not a consensual s*x .SC and many HC judgements ruled this point of contradictions of marital rape without consensual s*x.Here,your wife had made you a victim of forced s*x equal to marital rape, during honeymoon by you. But her statement here is still not suffice.Let me clear-----she had filed 498a ,which clearly read as the mental cruelity done by her husband for any reasons related to dowry or apart from this where she is forced to take coierce action by herself either mentaly or physically.Now come to the basic--------A mental cruelity here doesn't replicates. why bcz-------- a mental cruelity in law point of view is termed as an act or behaviour which is done by any person not on one or few occassions but this tendency goes out with repeatation..and without fail.Hence,a s*x without consent in marital life on 2 or 3 occassions will not count as rape causing mental cruelity to her.Bcz the fact above truely contradicts with the conjugal responsibilities of a wife to consummate with her husband and not withradw her husband from the society by not giving s*xual pleasure.Here one more point to be added---her statement in 498a come on record that she had denied you of s*x and filed a unjustified false case of 498a which is more over a harsh mental cruelity on you.Now you are very much eligible for taking divorce from her in future.
For your kind refference iam posting few links,just go through it,
#India-'Forcible s*x with wife is not a marital rape' #WTFnews ...www.kractivist.org/india-in-marriage-no-such-thing-as-rape-forced-s*x-..
Forcible s*x with wife is not Marital Rape - Indian Court - TIF indianfusion.aglasem.com/forcible-s*x-with-wife-is-not-marital-..
regards, A sufferer...
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