An interesting case has been reported from Surat, Gujarat where a married man approached a local court last week, accusing his wife of concealing her first marriage, and thereby fraudulently obtaining his consent for sexual relationship amounting to rape.
The man also accused the police for not entertaining his complaint initially.
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Case:
Kamlesh (38) (named changed) got married to Sarla (33) (named changed) in May 2010 in an arranged marriage. The couple has two children and were living together till August 2019.
However, Kamlesh, who is an accounting professional, learnt that his wife was already married to her boyfriend in 2009 at Navsari, but he was kept in the dark. This is when he approached police to file an FIR against his wife. When the police did not entertain him, Kamlesh took the matter to court accusing his wife of ‘raping‘ him.
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Husband’s Appeal
The husband, through his lawyers Shailesh Pawar and Jatin Vanzvala, stated:
The accused (wife’s parents) conspired and misrepresented the woman as unmarried and fraudulently got her married to the complainant without divorce. The accused woman deceived the complainant into believing that she is his lawfully married wife and obtained his consent to establish sexual relationship thereby committing his rape.
Adding further, the complaint read:
A woman is said to commit ‘rape’ if she establishes sexual relationship with a man with his consent, when the woman knows that she is not his wife and that his consent is given because he believes that she is a woman to whom he is lawfully married.
The complainant husband sought a case under:
- Section 376 (rape)
- Section107 (wilful concealment of a material fact which he is bound to disclose)
- Section108 (abetting an offence)
- Section120(b) criminal conspiracy and others
…of the IPC. The husband has also sought compensation.
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Court Accepts Case
The court of judicial magistrate first class has accepted the husband’s appeal as criminal miscellaneous application and the next hearing has been scheduled for April 11.
Statement by Husband’s Lawyer
Speaking with TOI, Pawar said,
It is a private complaint and we have submitted important evidence to prove our case.
Adding further, Pawar quoted:
After doubts about his wife’s extramarital relationship, Kamlesh started investigating the matter on his own. He gathered Sarla’s audio call recordings, call data record and the certificate of her marriage with the other man.
He also got a DNA test of his younger son done, which did not match.
Wife’s Parents Allegedly Misled Police
When police enquired about the allegations by Kamlesh, Sarla and her parents informed the officials, that she had taken divorce from the previous husband at a Navsari court.
However, when Kamlesh filed an RTI application at Navsari civil court requesting for the details of the divorce, he was informed that the accused and her husband had never applied for divorce.
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