Pune Man Seeks Rape Case Against Wife for Hiding First Marriage
A 38-year-old man from Pune has approached the court demanding that his 33-year-old wife be charged with rape and other criminal offences. He alleged that his wife, a resident of Erthan village, had hidden the fact that she was already married before marrying him.
The man, identified as Kamlesh, works as an accountant. He said he took legal action after the police refused to register a First Information Report (FIR) based on his complaint.
Kamlesh claimed that his wife and her parents conspired to mislead him by presenting her as unmarried. They arranged their marriage without informing him that she had not divorced her previous husband. He alleged that she deceived him into believing she was his lawful wife, and based on that belief, he gave consent for a physical relationship — which, according to him, amounts to rape.
The court of the Judicial Magistrate First Class accepted Kamlesh’s plea as a criminal miscellaneous application. He requested the court to direct police to file a case under several sections, including IPC 376 (rape), 107 (concealing important facts), 108 (abetting an offence), 120B (criminal conspiracy), and others.
Kamlesh and the woman were married in 2010 through an arranged marriage. They lived together until August 2019 and have two children. However, Kamlesh later discovered that his wife had married her boyfriend in 2009 — a year before marrying him.
After growing suspicious of her behavior, Kamlesh started investigating and collected call records, audio recordings, and even a marriage certificate that proved her previous marriage.
When police questioned the woman and her parents, they claimed that she had divorced her earlier husband at the Navsari court. But when Kamlesh filed a Right to Information (RTI) request at the Navsari Civil Court, he found that no divorce petition was ever filed.
Kamlesh said in his appeal, “A woman can be charged with rape if she engages in a sexual relationship with a man by pretending to be his lawful wife, and he consents only because he believes they are legally married.”
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