No rape. even if she files such complaint, it wont register for rape offence. 

No. What you have described does not amount to rape under Indian law, and on the facts stated by you, the criminal risk of a rape case is very low.

First, rape under Indian law requires sexual intercourse or penetration without consent (or consent vitiated by force, coercion, intoxication, deception, etc.). You have clearly stated that there was no penetrative sexual intercourse at all. Kissing, hugging, love-making short of penetration, or giving a hickey does not fall within the definition of rape under Section 375 IPC. Even if such acts were non-consensual (which you deny), they still would not constitute rape; at most, they could theoretically be alleged as minor sexual offences, but even that would require proof of lack of consent.

Second, consent is presumed between two adults in a relationship, especially where the parties later voluntarily married each other. You have stated that you married her later out of love and willingness. This fact alone strongly supports that whatever happened before marriage was consensual. Courts look at surrounding circumstances, not just messages or written proof. Marriage shortly thereafter is one of the strongest indicators of consent.

Third, a wife cannot allege rape merely because intimacy occurred before marriage, particularly when:

• both parties were adults,

• there was no force or threat,

• no complaint was made at that time,

• the parties subsequently married voluntarily.

Indian courts have consistently held that consensual premarital intimacy between adults is not rape, and later marital disputes do not convert past consensual acts into criminal offences.

Fourth, the absence of messages does not mean you cannot defend yourself. Consent is proved through conduct, circumstances, and probability, not only through chats. The fact that:

• she came voluntarily,

• there was no resistance or complaint,

• you later married,

• she lived as your wife,

• and the allegation arises only after matrimonial discord,
  all work in your favour. Courts are extremely cautious of afterthought criminal allegations raised during divorce proceedings.

Fifth, photos of hickeys do not prove rape. At best, they show intimacy. They do not prove lack of consent, force, or coercion. In fact, they usually support the defence of consensual intimacy.

Sixth, even hypothetically, if a false rape FIR were filed now, it would suffer from:

• unexplained delay,

• absence of penetration,

• subsequent marriage,

• lack of contemporaneous complaint,

• clear matrimonial motive.

Such cases are routinely quashed by High Courts or result in bail at the very first stage.

To directly answer your questions:

• Yes, anyone can file a complaint in India, but that does not mean it will survive legally.

• On your facts, a rape case is legally unsustainable.

• You do not need messages to prove consent; marriage itself is strong circumstantial proof.

• Filing for divorce on cruelty does not expose you to a valid rape charge for consensual premarital intimacy.

As a precaution, do not communicate provocatively, do not argue on messages, and let all disputes remain within court proceedings. If any criminal complaint is ever attempted, it can be dealt with firmly and lawfully.

In short: premarital consensual intimacy with your future wife is not rape, and your legal risk on this issue is minimal.

You had consensual sex with your fiancée before marriage .it is not rape 

you had married your fiancée . If it was rape she would not have married you 

It was a consensual activity between both hence it can never be considered as rape offence or even a molestation charge cannot be maintained.

Besides you both got married to each other subsequently.

Her allegations, if at all she files a criminal complaint will not sustain.

You can pursue your divorce case on its own strength and merits, that has nothing to do with your imaginary fears.

Dear Client, 

In India, a woman can file an FIR alleging rape for sexual contact that occurred under the false promise of marriage or without consent. However, since you actually married her, the argument of false promise does not hold. The marriage proves your genuine intent to marry her. It will also act as evidence of consent for marriage, which is usually absent in cases of rape followed by marriage. If she were assaulted before marriage, it can be argued that she would not have married you. You need to stress circumstantial evidence, such as going out to public places and hanging out (try to obtain CCTV footage to prove that both of you were involved in this relationship). Testimony from family and friends will also help out. Try to get evidence of the boyfriend- any proof would work to establish her motive of filing a false complaint. If she only files a rape case after you served her divorce papers, it strongly suggests the case is an afterthought meant for harassment.

I hope this answer helps you. For any further queries, please do not hesitate to contact us. Thank you. 

No consensual sex is not considered as rape 

No, this is highly unlikely to be considered rape. For it to constitute rape under Section 375 of the IPC, the sexual act must have occurred without her consent. Since you later married out of "love and willingness," the court will typically infer that the pre-marital intimacy was also consensual, especially as it did not involve penetration. Her age (26) further negates any presumption of statutory rape.

Her filing a false rape case would be a retaliatory move, which you can defend against. To strengthen your position:

1. Context is Key: Emphasize the sequence—consensual intimacy followed by a willing marriage. This logical progression strongly supports consent.

2. Document the Timeline: Clearly present the dates of the intimacy, the marriage, and when you discovered her prior relationship. This shows her allegation is an afterthought.

3. Highlight Her Conduct: In your divorce case, argue that her attempt to criminalize a consensual pre-marital act after the marriage has broken down is itself an act of "mental cruelty" against you.

4. Legal Strategy: If she does file an FIR, your lawyer can immediately seek to quash it by presenting these facts to the High Court, arguing it's a clear abuse of process.

While proving consent without messages can be challenging, the overall circumstances and your subsequent marriage are your strongest evidence. 

No, premarital consensual acts (kissing/hickey, no penetration) with your fiancée cannot constitute rape under IPC §375, as no intercourse occurred and marriage followed willingly.​

Key Risks

• Rape requires penetrative sex without consent; your acts don't qualify.​

• Her photo proves nothing without penetration evidence; timeline favors you.

- As per Supreme Court , no rape case made out for the consensual sex ,if they are major

- Further, as you have already marry with her , then no offence committed by you , even if you have done sex with ;her

- Further , only having a bf is not a ground for divorce , however extra marital affairs is a ground of divorce. 

- Hence, if you have evidence for her extra marital affairs then you can get divorce from her on this ground. 

1. It is not a crime to have premarital consensual sex.

2. Having BF before marriage by wife is also not an acceptable ground for seeking the decree of divorce.

Legally, while a complaint can be filed by alleging anything, a rape case under these specific circumstances would be extremely weak and likely liable to be quashed because the subsequent solemnization of the marriage serves as your strongest defense against any claim of "rape under false promise of marriage."

When a couple engages in pre-marital intimacy and subsequently marries, courts generally view the marriage itself as proof that there was no "misconception of fact" or deceit involved in obtaining consent; essentially, the fact that you both married after the incident acts as conduct establishing that the relationship was consensual and moving toward matrimony.

Furthermore, strictly speaking, under Indian law (Section 375 IPC or BNS equivalent), "rape" requires specific acts like penetration; if she truthfully admits only to kissing and hickeys, the offense of rape is not made out, and if she falsely alleges penetration, the timeline of an arranged marriage followed by the actual wedding makes it highly improbable for a court to believe she was coerced, especially given she is a 26-year-old adult capable of giving consent.

It you married later, then it does not amount to rape under the ambit of "sexual intercourse with promise to marry". On the other hand, you are entitled to file for divorce on the grounds of adultery.