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.
18-Year-Old Surat Girl Poisons Parents, Brother, To Elope With Boyfriend & Marry Him
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.
Surat Man Who Was Tied To Tempo & Dragged For 500 Meters By Brother-in-Law, Dies
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.
WATCH | Surat Husband Catches Wife With Alleged Gym Trainer Boyfriend; Gets Beaten Up
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.
Surat Traffic Police Is Not Issuing Challans To Women Drivers, Fearing False Allegations On Male Police
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.
LEAVE YOUR COMMENTS BELOW:
Alimony Settlement Discussion | Madhya Pradesh High Court | Voice For Men India
Join our Facebook Group or follow us on social media by clicking on the icons below
Blogging about Equal Rights for Men or writing about Gender Biased Laws is often looked upon as controversial, as many 'perceive' it Anti-Women. Due to this grey area - where we demand Equality in the true sense for all genders - most brands distance themselves from advertising on a portal like ours.
We, therefore, look forward to your support as donors who understand our work and are willing to partner in this endeavour to spread this cause. Do support our work to counter one sided gender biased narratives in the media.
To make an instant donation, click on the "Donate Now" button above. For information regarding donation via Bank Transfer, click here.
Alternately, you can also donate to us via our UPI ID: [email protected]
Leave a Reply