1. If you had relationship after the divorce then she can very well take the plea of rape.

2. This is may be to show her n good light from her present partner.

3. However since you were her ex husband you may get some sympathy from court while applying for bail.

4. However if i could manage to see her complaint I could advise you on merit of the bail application. Apparently you have a good case to get bail.

after divorce, the man and the woman concerned are not HUSBAND and WIFE.

A consensual sex between two adults cannot be termed as Rape.

Essential feature of definition of rape is " sex against the wishes of someone" If both partners are giving voluntary permission to each other, then it can not be called Rape. It is called Consensual Sex.

you can apply for anticipatory bail .

Hi, it is advisable to file for anitcipatory bail , to avoid fear of arrest .. The chances of getting bail depends upon the merits of the case ...The grounds we will take is the consent of the girl ...

Yes you can get Anticipatory bail easily

Go ahead and apply for Anticipatory bail on the ground that the physical intercourse was mutual

1) Yes you can get anticipatory bail.

2) You have to prove all this is planned to trap you in all these false allegations and now filed a false rape case. When you have provided her 1 month shelter to her.

No case of rape is made out as it was consensual sex with no promise of marriage

You would be granted Anticipatory bail from sessions court

Rely upon messages sent by wife wherein she sought shelter for one month

Mention that on her own accord she stayed with you and wanted to have sex

Sir if the sex was with the consent of the wife then it does not amount to rape.Further the FIR is filed to show herself in good light, so in that case you can get the anticipatory bail.

Apply for anticipatory bail and plead before court that she is your ex-wife and she with consent had sex with you then it does not amount to rape.

hello

after the MCD she should not have been at your place. anyways, she has now lodged a rape case and the alleged rape happened after the MCD when she was not your wife, therefore, you cannot take the plea that she was your wife. now you should file a petition in the HC for quashing the FIR.

regards

Hello,

Can you prove that she stayed there voluntarily, if yes then file a petition for quashing of FIR and also a anticipatory bail in the court . One month stay is quite long and that will go against her accusations.

Hire a good criminal lawyer for the same .

Regards

You can get ancipatory bail.

Defend yourself stating it was consensual. Because even after divorce she was staying in your house which was not needed.

And 498a cannot be levied as you both are no longer husband and wife.

Anticipaorty bail will grant.

This isn't a case of rape for this sexual encounter happened with her consent.

You can get anticipatory bail

Of course you can apply for anticipatory bail. You have full chance to get bail.

1. The seeking of shelter may just have been a trap to file the criminal case against you to extort money.

2. Now apply for anticipatory bail to preempt your arrest and detention. Say that she had sex with her own free consent, hence prima facie case is also not made out.

The sexual intercourse with her consent cannot become an act of rape.

She has to prove the circumstances of rape, because they were living together in husband's place at her request, it is not that he force her to live with him, therefore on living together the sexual intercourse between them can be treated as consensual and not rape, the husband has to challenge the same on the basis of merits on his side.

she wants to marry other person on that basis our mutual divorce taken place but after he refused to marry her she planned all these things what to do

What is her plan by lodging this rape complaint agaisnt you?

Is she demanding money, if it is exorbitant, you may refuse to accept her demand, ask her to go ahead through court of police.

now can I get anticipatory bail or not

You can very well get anticipatory bail on the basis of the nature of the complaint.

You can argue that she moved into your place on her own and also had sex on consensual basis only hence it cannot be termed as rape.