• Fraud case of kidnapping and rape against us

i loved a girl and she also loves me. After hers marriage two days she comes to me and tells me that her husband beats her and forced to have physical relations with him....She tells me that i cannot live without you and please marry me....After seeing her condition i decided to marry her in aryasamaj mandir. We married and live with each other for 3 months. After 3 months she left me alone to home and go to her parents home.Her parents file a rape and kidnapping case against me...
Her father tries to being us caunght in a fraud case of rape and kidnapping . 
Please give me some advise what to do in that matter.
Asked 11 years ago in Criminal Law

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9 Answers

why did she left you.kindly keep in mind your marriage with that lady is not recognized as she is already married. and she or her parents can definitely file a case of rape and kidnapping against you.

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

can she make a statement in court that she her self according to her own will came to you,at this stage forget about the fact that you have married her ,because that is illegal,any way try to obtain anticipatory bail on the basis of the her statement and request her to accompany your advocate when you file application for ABail.

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

file a quashing petition before high court with the marriage certificate and also file a writ petition before HC to produce your wife/girl before the court for statement. if the girl is in your favour then the FIR may be quashed.

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Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

apply for quashing of FIR in the high Court on the basis of her statement

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

you can be only saved by that statement of her or other wise you will have to go through entire criminal proceedings to prove your case

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

court will only believe those facts which are stated by her ,it will be up to you to prove that she is making statement under pressure of her father

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

my pleasure

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

You are in complicated situation. Your loved one depieced you ,and her parents files a case of rape and kidnapping. First your marriage is void, and your chance of escaping from the clutch of law deemed timid unless she herself makes a statement that she voluntarily went with you in a court of Law and no force was used by you.

Soumya   Kundu
Advocate, Kolkata
50 Answers

It was foolish on your part to marry her when she was already married to some one else. By marrying her you have made yourself amenable to criminal prosecution. Settle the matter out of court.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

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