I belong to sikh family,living in delhi.I done love marriage with a jat girl on 19/07/2013 at A.S Mandir in Delhi i also got a marriage certificate from them. Girl lives in Noida, u.p, we both are 26 at the time of marriage. The certificate is not registered.We have to tell our parents about our marriage and waiting for right time but on Feb 2014 we had a small fight and due to this our family know about our marriage and i also had some heated arguments with girl's father. On 03/03/2014 i filed a case of section 9 HMA at noida court, as a counter blast on 15/03/2013 girl father filed a case of attempt of rape against me with these sections 376/511, 504,506,328,420,471,467,468 at Noida, U.P . Girl is in parents favor. They never mention about marriage in FIR. Now i am on bail after spending 4 months and 9 days in jail. They are agree for compromise but they are not agree for divorce they are taking this marriage as nothing. They are saying that they will take there case back and i will take my, after this we will sign a agreement that there is no relation between me and her daughter. Now please tell me what should i do, i m totally confused
Asked in Criminal Law from Noida, Uttar Pradesh
1. If you had wedded according to the law then a case of rape could not have been registered against you. As the husband of this girl you cannot be prosecuted for rape. You can move High Court for quashing of FIR.
2. A case of rape cannot be withdrawn by them. You will have to either contest it on merits and prove your innocence, or move High Court for quashing if a compromise is done.
3. If the marriage has taken place then it does not lose its legal sanctity merely because they do not consider it as a marriage. An agreement of the nature sought by them will be a nullity. The only legal manner in which the marital tie can be severed is by applying for divorce in the court. The marriage will subsist for all legal purposes until it is brought to an end by a court of law. If you are willing to end the marriage then file for mutual consent divorce.
1. sec 376/467/468/471 are non compoundable offence so this case can't be taken back by prosecution without consent of the court and in general practice court does not give consent in offence against the woman.
2. your father-in-law can't compromise in this case some sections are cognizable, non bailable and non compoundable.
3. now come to the offence of rape and deceit- you have solemnized marriage on 19/07/2013 at birla mandir, there after any bodily relationship might be established. At that point of time----
a. she knew that she had legally married with you.
b. she was 26 years old at that time.
c. she was major and could understand the effect of whole things.
so no offence of attempt of rape and deceit is made out against you.
4. so sec 376/511 will not sustain in trial and other offences will also loose their merit in trial.
5. making false case against you and reject your marriage by the girl will be the ground of divorce because these acts are causing cruelty .
6. your case is fit for divorce and you will got it.
7. don't file any cross case against the wife and show in trial that your divorce petition is the main reason for trap you in criminal case.
First of all, you have to take a decision as to what do you want,to save marriage or end it. Your marriage though not registered is legal and valid.If you want to save it prosecute your section 9 petition and if not then withdraw it and file divorce on the ground of cruelty.
Regarding FIR, you can file petition under section 482 in High court for quashing as FIR is false and malafide for trapping you because marriage is not acceptable by her parents.You can also seek direction from the High court to summon your wife and disclose her wishes whether or not she want to live with you.
Advocate, New Delhi
1. You have already married the said lady before A.S temple and have been issued with a marriage certificate which is valid as per law,
2. You two are legally married couple and the charge of attempt to rape is not applicable on you,
3. File a petition before th High Court u/s482 of Cr.P.C. for quashing the F.I.R.,
4. never ever make the mistake of taking the short cut route of divorce. You two are legally married couple and the said marriage can not be nullified by both of you by signing an agreement stating that you are not married,
5. If later on, when both of you remarry, your spouses can collect the said certificate from A.S temple and sue you for bigamy punishable with jail term.
Thanks all for giving me your advice. It is much needed. And sorry, I forgot to mention few facts. FIR was filed on 15/03/2014 for rape attempt dated 10th July 2013 (10 days before the marriage was solemnized in Arya Samaj Mandir on 19\7\2013) and it is also claimed in FIR that along with attempt to rape, I had also got some papers signed by her after intoxicating her. I had submitted the marriage documents in the court but still had to waste 4 months in jail. I am also afraid that if I do not agree to the Girl father's terms then he can also get my Bail cancelled on false grounds of me threatening the girl. They can also put any more false cases on me or may also use their contacts to end my life. Girl's father has very strong contacts in police and other bad elements of society. Please advice on how to protect myself from other false cases in future and also my life...
Also, The case is currently in session court, can I still move it to High Court for quashing the FIR?
Asked 2 years ago
Arya Samaj Mandir must have issued you a certificate , so your marriage though not registered but is legally valid in eyes of law. You can file a petition in High Court under Section 482 of Crpc for quashing of FIR.
Advocate, New Delhi
1. It is strange that the vital fact you had suppressed in your first posting,
2. The case seems to be different now,
3. it is now a criminal case alleging that you had attempted rape on her and got few papers signed by her by intoxicating her and those papers lateron turned out to be marriage application,
4. Now has charge sheet been filed by the police?
5. If it is proved that you have managed to get her signature on marriage application, then they may pray for canlellation of marriage,
6. Till the marriage is declared as void by the court, you are legally marriaed couple,
7. Contest the cases filed or to be filed by her on case to case basis.
there is two option file the quashing petition or fight the case on merit.
if you go for Quashing there is some chances for quashing the proceeding/FIR, future is uncertain and nobody cansay anything about future, but due to your apprehension you may submit an information cum complaint against them before police authority, NHRC, NCW.
if the charge sheet has been filed then file an application for discharge before the session court at the time of framing the charge with an affidavit of the Priest who issue the marriage certificate.
contest the case on merit and you will be win
Advocate, New Delhi
file quash petition in high court for quashing of said FIR.
Advocate, New Delhi
1. delay in lodging FIR may causes suspicion, and delay of 9 months causes great suspicion , this proceeding of the court should be challenged before the high court under section 482 crpc.
2. 26 years old lady has attained majority to the extent that she can take crucial decision towards her life, and choosing a life partner or her better half is the important decision of life.
3. If she cohabit with her proposed husband, 10 days prior to the marriage, this cohabitation does not amount to rape because she was willing to establish relation with a man who will be her husband. There is no offence made out.
4. And in your case, an attempt to rape, will not sustain in the court.
5. Consult a good lawyer of your district, your case is fit for acquittal.
1. You failed to mention the most crucial fact that rape is alleged to have taken place prior to marriage. Be that as it may, you can be prosecuted and punished for the offence of rape.
2. In view of the disclosure of the crucial fact that rape is said to be have been committed prior to marriage, which was earlier not disclosed by you, I am constrained to withdraw my earlier suggestion of moving the HC to challenge the FIR. You will have to contest the case on merits.
3. Your wife will have to prove that she signed the document under intoxication. The marriage can be annulled by the court on her petition if she can prove that you intoxicated her and then obtained her signature. Furthermore, criminal charges can also be brought against you for making her sign the marriage papers by intoxicating her. If and when she files a case for procuring her signatures by intoxicating her you should obtain bail to avoid your arrest.
4. If you suspect that the family of your wife is misusing its contacts in police to frame you then move to High Court for necessary protection.
If you marriage is registered in arya samaj it will be recorded in their register and you will get a certificate for the same from then. If it is not got then marriage is not registered and is not a valid one. File a petition to quash the same in the high court.