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The parties got married under the Special Marriage Act, considering that their inter-caste marriage was not acceptable to the prosecutrix's (wife's) family members.
However, the fact of this marriage was disputed by the prosecutrix, arguing that she was forced to sign the marriage papers based on an obscene video of her.
Subsequently, both the parties had reached the family court wherein the petitioner had filed for restitution of conjugal rights, while the prosecutrix had filed for annulment of marriage.
Both of these application were rejected by the Family Court, against which appeals were filed by both the parties. Both of these appeals were pending adjudication.
Eventually, almost two months after the marriage, the prosecutrix filed the present FIR alleging that the petitioner committed rape upon her for last more than one month.
After hearing the contentions & going through the evidence, the Court opined that based on the attached photographs, it seemed that the marriage was solemnized with mutual consent.
The Court held that since the accused was legally wedded husband of the victim, offence of rape was not made out.
Opining that the prosecutrix was a major lady at the time of her marriage, who had solemnized the marriage with the accused out of her own free will, the FIR was termed as the abuse of the process of law.
Accordingly, the FIR was quashed and set aside.
WHAT DO YOU HAVE TO SAY ABOUT THIS JUDGMENT?
#formenidia #marriage #Divorce

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