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Author Topic: is second husband guilty of rape if the wife is bigamous ; marriage stands null  (Read 887 times)

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Offline drnamdev

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hi i married a girl six years back.. later i came to know that she was already married and dint take divroce from her husband. subsequently i filed a petition to grant me decree of marriage being null and void ab initio.. the case is still going on.. she filed 498a and DV act but somehow i came out of it. Now recently she has started blackmailing me for money and saying that if i dont give the money she will file a rape case over me.. i dont have any means to give her the money she is asking.
her lawyer threatened me that if she files rape case i ll not get marital exemption because the marriage is void ab initio.
please tell me is she entitled to file a rape case?
is there any high court and supreme court judgement in this matter which says that second husband despite the marriage being void, is not responsible for rape?
pls give me links

thanking you in advance

Offline advocate-lyngdoh

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you don't need supreme court judgment for it, the act itself is clear a wife cannot have two husbands at the same time.

Advocate Lyngdoh
Laitumkhrah, Shillong

 

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