Relationship consensual, says HC, quashes rape FIR filed by 2nd wife

AHMEDABAD: The Gujarat HC has quashed rape charges against a Muslim man after his second wife, who belongs to another faith, filed an FIR against him for having a forcible relationship with her by suppressing his earlier marriage. The woman is a New Zealand citizen of Indian origin who had got her marriage with an Indian, an NRI, registered in New Zealand in May 2013. They lived together until Nov of the same year and when the husband returned to India, she kept coming to India. She later found out her husband had been married previously. She lodged an FIR against him for breach of trust. The husband was arrested and got bail after a week. However, they continued to meet each other. In her FIR lodged in Sept 2014, the woman said her husband had raped her when at a hotel in Navsari. The man then sought quashing of the FIR. His counsel said the man's second marriage was valid because he was a Muslim, and this would make the rape charge invalid. The govt opposed the quashing petition. "Since marriage with the applicant of the victim is illegal, when he established physical relations with her during Sep 2014 at Navsari it was a clear case of an offence under IPC Sec 376," the prosecutor argued.

Justice Umesh Trivedi took note of the fact the woman later married a man of her choice and was not interested in the criminal proceedings. "They entered into a marriage and got it registered in New Zealand, and thereafter stayed together as husband and wife. Whether entering into that marriage is legal or illegal, physical relations were established with express consent. What is coming out from the FIR is that despite knowing about the suppression of the first marriage of the applicant (husband), she continued the said relations off and on. Not only that, as claimed by her in the FIR itself, she also provided financial help. Without entering into whether it is correct or not, it can safely be presumed that she still wants to continue the said relationship after having knowledge about his first marriage also (sic)." tnn