Bombay High Court Rules Second Marriage During First Marriage is Rape, Not Just Bigamy
The Bombay High Court recently dismissed a petition to quash an FIR against a man who married another woman while his first marriage was still valid. The court stated that this act not only constitutes bigamy but also rape.
On August 24, Justices Nitin Sambre and Rajesh Patil dismissed the man’s petition. The Pune police had booked him under IPC sections 376 (rape) and 494 (bigamy).
According to the FIR, the man, both an academician, started visiting the woman after her husband died in February 2006, offering moral support. He claimed he was not getting along with his wife and convinced her that he had divorced his wife. They married in June 2014 and lived together until January 31, 2016. He then abandoned her and returned to his first wife. Upon investigation, the woman discovered that he had lied about the divorce and married her under false pretenses, establishing a physical relationship.
The man’s advocate argued that the woman knew about the divorce proceedings initiated in 2010 and their subsequent withdrawal.
The judges noted that while the man admitted to a second marriage during the subsistence of his first marriage, he also claimed their relationship was consensual. They concluded that establishing a physical relationship with the complainant while his first marriage was still valid satisfies the elements of section 376 (rape).
Therefore, the court dismissed the man’s petition, affirming that his actions constituted both rape and bigamy.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
