Cheated Man Seeks Court to Book Wife for Rape

Cheated Man Seeks Court to Book Wife for Rape

A 38-year-old man from Puna, named Kamlesh, approached the court on Friday to charge his 33-year-old wife from Erthan village with rape. He took this step after the police did not register an FIR based on his complaint.

Kamlesh, an accounting professional, accused his wife and her parents of deceiving him. He claimed that his wife was already married when she married him but did not disclose this fact.

Allegations of Deception

According to Kamlesh, his wife and her parents conspired to misrepresent her as unmarried and arranged her marriage with him without a prior divorce. He stated that she deceived him into believing she was his lawfully wedded wife and obtained his consent for a sexual relationship, which he argued constitutes rape.

Court Acceptance

The court of the judicial magistrate first class accepted Kamlesh’s appeal as a criminal miscellaneous application. He sought charges under IPC sections 376 (rape), 107 (willful concealment of a material fact), 108 (abetting an offense), 120(b) (criminal conspiracy), and others.

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 she had married her boyfriend in 2009.

Investigation Findings

Suspicious of her extramarital relationship, Kamlesh began investigating and gathered audio call records, call lists, and her marriage certificate with the other man. During the police inquiry, the woman and her parents claimed she had divorced her previous husband at the Navsari court. However, when Kamlesh filed an RTI at the Navsari civil court for divorce details, he learned that no divorce had been filed.

Legal Basis

Kamlesh argued in his appeal, “A woman is said to commit ‘rape’ if she establishes a sexual relationship with a man with his consent when she knows that she is not his wife and that his consent is given because he believes she is the woman to whom he is lawfully married.”

This case highlights the complexities of marital deception and the legal ramifications of such actions. The court’s decision to accept the appeal marks a significant step in addressing these allegations.

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