READ ORDER | Delhi High Court overturns false rape against father-in-law after husband settles marital dispute with alimony – vote for men
The Supreme Court of India is hearing a PIL for criminalizing “marital rape” – a charge that authorizes a wife to bring such a case unilaterally against the husband. A medical test would hardly matter in any of these cases unless there are serious physical injuries to the woman. First, Spousal sexual violence by a husband is already covered by Section 498-A IPC, Section 377 IPC and the Domestic Violence Act.
Amid the ongoing PIL hearing, the Delhi High Court has dropped the rape charge against a woman’s father-in-law after the husband agreed to pay his complaining wife full and final alimony.
This is exactly what the men’s rights activists are fighting back in court and on social media.
While the Delhi High Court found in the matter below that the applicant’s act of making false allegations of marital rape against the husband and his family members – which will later be settled – needs to be curbed, the wife was ordered to pay a paltry sum and away.
Delhi high court says no sentence for false rape accuser because ‘she fairly admitted the truth’
The marriage between the parties was solemnly celebrated 07/25/2015 after the Hindu rites and ceremonies in Delhi. There is no child from this marriage.
Due to a marital dispute, the couple soon lived apart from each other 05/01/2016.
The wife then filed an FIR against her husband and in-laws Sections 406, 498A, 506, 376 (alleged rape by father-in-law) and 34 of the IPC.
Bombay HC ends rape FIR after son of former CPM Secretary of State paid Rs 80 lakh to complainant woman as settlement
During the pendency of the serious charges, the husband agreed to pay a total of Rs 5 lakhs to the woman for all her claims to alimony, alimony – past, present and future, stridhan and dowry items, etc.
The first application process of mutual divorce was completed after husband paid Rs 2 lakhs to the interviewed wife. The husband then handed over a Draft claim dated 04/12/2023 drawn on Bank of Baroda for an additional Rs 2 lakh in favor of the woman she adopted. The Balance and final balance of Rs 1 lakh are to be paid to the wife by the husband in the second application procedure.
Indian citizen urges CJI to reconsider marital rape banking PIL; 2 out of 3 judges’ opinions are already in the public domain
Wife agrees to delete FIR
The wife informed the investigating officer that allegations under Section 376 of the IPC had been made against her father-in-law due to misunderstandings. However, the wife (after receiving the Settlement Amount) confirmed that the misunderstandings have since been resolved and the entire matter has been settled without the claimants having brought any claims against her and she has no objection to the FIR being set aside.
Even the learned public prosecutor raised no objection if this request was granted. The affidavits of the parties were recorded.
READ ORDER | FIR of Assault, unnatural sex overturned by Delhi High Court after husband paid Rs 75 lakh in permanent settlement
Supreme Court in Delhi
Judge Yogesh Khanna of the Delhi High Court found that a serious offense of rape under Section 376 of the Indian Penal Code 1860 is brought against the husband and even his family members during the investigation of applicants’ cases in a marital lis “Slander the whole family.”
The court then noted that the rape allegations will subsequently be withdrawn as marital disputes between the parties are resolved.
Calling for containment of such false rape cases, Judge Khanna said:
These actions by the applicants need to be curbed so that there can be reasoned thinking in the future about including the husband’s family members in serious crimes under Section 376 of the ICTY alongside the marital dispute. Some conditions must be imposed on the complainant in this case.
The judge saw no point in keeping the FIR pending as the complaining wife had settled all disputes and also received partial settlement from her husband and her in-laws. Thus the court ordered
The balance of Rs.1.00 lac will be paid to Defendant #2 (wife) at the time of the second claim process. In view of the above, there is no point in continuing the proceedings against the petitioners as this would never lead to the petitioners being convicted.
READ ORDER | Delhi High Court allows plaintiff to drop false rape allegations against father-in-law after receiving a settlement of Rs 10 lakh
Despite concluding that the woman’s rape allegations against her father-in-law were false, the Delhi High Court, despite learning that the applicant was facing serious criminal charges under Section 498A and Section 376 IPC following a financial settlement with her husband and had withdrawn from her in-laws costs of only Rs 10,000 for the complaining wife to be filed with the Bar Association of Rohini District Court.
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READ ORDER | Delhi HC lifts #FalseRape FIR against father-in-law… after husband settles marital dispute with alimony
▪️Costs imposed by Delhi HC on complaining wife for filing false rape claim against father-in-law: Rs 10,000#VoiceForMenhttps://t.co/AFK579PwWY
— Voice for Men India (@voiceformenind) April 24, 2023
Justice SN Dhingra | Former judge at the High Court in Delhi | Marital Rape | Men Welfare Trust | Sifar
NO, the men’s rights NGO is not fighting to keep spousal rape legal in India | Read the other side of the media propaganda
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