A 38-year-old man from Puna approached the court on Friday, demanding that his 33-year-old wife from Erthan village be booked for rape. He approached the court after police did not register a FIR on the basis of his complaint.
The complainant, Kamlesh, who is an accounting professional, approached the court to book his wife and her parents. He alleged that his wife was already married but she did not disclose this to him.
The complainant said in his complaint that the accused conspired and misrepresented the woman as unmarried and got her maaried with the complainant without divorce. The woman deceived him and made him believe that she is his lawfully wedded wife and thus obtained his consent to establish sexual relationship, thereby committing rape.
His appeal was accepted by the court of judicial magistrate first class as criminal miscellaneous application. The complainant sought a case under IPC 376 (rape), 107 (wilful concealment of a material fact which he is bound to disclose), 108 ( abetting an offence), 120(b) criminal conspiracy and others.
Kamlesh got married to the woman in 2010 which was an arranged marriage. They lived together till August 2019 and they have two children. But later, Kamlesh found that she already got married to her boyfriend in 2009.
After Kamlesh got suspicious about her extramarital relationship, he started investigating. He gathered audio call records, call lists and her marriage certificate with the other man.
During police enquiry based on the complaint of Kamlesh, the lady and her parents said that she had already taken divorce from the previous husband at Navsari court. But when Kamlesh filed an RTI at Navsari civil court citing details about the divorce, he got to know that they never filed for divorce.
“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 lawful married,” the complainant said in his appeal.
