Pune Man Moves Court to File Rape Case Against Wife for Concealing Previous Marriage
In a shocking legal move, a 38-year-old man named Kamlesh from Pune approached the court to file a rape case against his 33-year-old wife from Erthan village. Kamlesh claimed that his wife hid her previous marriage, deceiving him into marrying her.
According to Kamlesh, despite filing a complaint, the police refused to register an FIR. As a result, he approached the court, seeking legal action not only against his wife but also against her parents. He alleged that they conspired to misrepresent her as unmarried and arranged their marriage without disclosing her prior marital status.
Kamlesh stated that his wife deceived him into believing she was legally unmarried, thereby obtaining his consent for sexual relations under false pretenses. He argued this act qualifies as rape, as his consent was based on deception.
The judicial magistrate’s court accepted Kamlesh’s appeal as a criminal miscellaneous application. Kamlesh demanded charges under multiple IPC sections, including:
- IPC 376 (rape)
- IPC 107 (willful concealment of a material fact)
- IPC 108 (abetting an offense)
- IPC 120(b) (criminal conspiracy)
Kamlesh and his wife had an arranged marriage in 2010 and lived together until August 2019. They have two children. However, Kamlesh later discovered that his wife had previously married her boyfriend in 2009. Suspicious of her extramarital activities, Kamlesh conducted his own investigation and collected call records, audio conversations, and even her marriage certificate from the previous marriage.
During a police inquiry, his wife and her parents claimed that she had divorced her first husband at the Navsari court. However, when Kamlesh filed an RTI at Navsari civil court, he found no records of such a divorce being filed.
Kamlesh argued, “A woman is said to commit ‘rape’ if she establishes a sexual relationship with a man with his consent when she knows she is not his lawful wife, and his consent is based on the belief that she is legally married to him.”
This case has sparked discussions about legal definitions of consent, deceit, and marital rights, raising questions about the complexities of Indian marriage laws.
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