Rape case can not be registered against the husband but can be filed against your father. Immediately file a complaint against him before police or court for your safeguard.
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Threatening by wife and her family
My Wife and her family member attacked on me on last month , me and my father was seriously injured and I have put FIR on them but politically pressure police compromise between us . After one month her brother are threatening us that he will put case of rape of her sister on me and my father. I want to know how this rape charge is strong and what is the impact if he put Rape FIR or case on our family.
Asked 6 years ago in Family Law
Religion: Hindu
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7 Answers
no case of rape is made out against husband .
2) if your wife alleges rape by your father and files FIR he should apply for and obtain AB from sessions court
3) burden of proof is upon prosecution to prove allegations made in complaint
1. No case of rapelies agaisnt the husband though she an put such allegations against your faher in law.
2.if there is no medical proof then the case would be very weak.Howeevr on the basis of her allegations the FIR would be registered for sure.
3.This marriage is not going to work.So go for mutual divorce. If that doesn't happen then file contested divorce suit.it is important to file divorce suit to save you from her future litigations.
Hii, the allegations of FIR will be vague as , it clearly shows the motive behind the FIR.. Moreover the rape charges , are followed by a medical check up , which has to be conducted from a government medical practitioner ... The fake allegations will have loop holes and it would not hold any grounds
Rape charges can not be as their happens to be no concept of marital rape in India but they can put charges of unnatural sex against you.
But as soon as the put charges you can challenge that charge sheet but naming it as a counterblast to your FIR.
Regards
Any sexual act by a man with his wife, not below the age of 15 years, is not a rape. There's no concept of marital rape in India. So, you needn't worry. Instead, lodge a FIR against your in-laws for they have been hatching a conspiracy against you to implant you in a false criminal case.
Let him blabber any such thing, the law requires evidence for this. Moreover he cannot lodge any criminal complaint, she only has to lodge a complaint of rape, but will she do it against your father?
Let she lodge a complaint after which you obtain AB and challenge her case properly in the trial court because you have evidence of their assault on your family members and her quarreling character can be a strong defence to you to nullify her such false cases.
