A 38-year-old man from Puna has approached the court, seeking to file charges of rape against his 33-year-old wife from Erthan village. Kamlesh, the complainant, took legal action after the police failed to register an FIR based on his complaint.
Kamlesh, an accounting professional, claims that his wife and her parents deceived him by hiding her previous marriage. He alleges that his wife, already married, falsely represented herself as unmarried and entered into a marriage with him without obtaining a divorce from her first husband. Kamlesh asserts that his wife misled him into believing she was lawfully his wife, thus securing his consent to a sexual relationship, which he claims amounts to rape.
Legal Action and Court Acceptance
Kamlesh’s appeal was accepted by the court of the judicial magistrate as a criminal miscellaneous application. He has requested that charges be filed against his wife and her parents under various sections of the Indian Penal Code (IPC), including:
- IPC 376 (Rape)
- IPC 107 (Willful concealment of a material fact)
- IPC 108 (Abetment of an offense)
- IPC 120(b) (Criminal conspiracy)
The Marriage and Discovery of Deception
Kamlesh married the woman in 2010 in an arranged marriage. They lived together until August 2019 and have two children. However, Kamlesh later discovered that his wife had been previously married to another man in 2009.
Suspicious of her possible extramarital relationship, Kamlesh began his own investigation. He gathered evidence, including audio call recordings, phone records, and a copy of her marriage certificate with the other man.
Divorce Claim and Investigation
During a police inquiry prompted by Kamlesh’s complaint, his wife and her parents claimed that she had obtained a divorce from her first husband at the Navsari court. However, Kamlesh filed a Right to Information (RTI) request at the Navsari civil court, only to learn that no such divorce had ever been filed.
Kamlesh argues that under the law, a woman can be charged with rape if she engages in sexual relations with a man by misleading him into believing she is his lawful wife when, in fact, she is not. He maintains that his consent was based on the false belief that his wife had no prior marital obligations.
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