A man has moved the Supreme Court seeking anticipatory bail after a rape case filed by his wife before their marriage was revived by her due to an alleged matrimonial dispute.
According to legal news site Bar and Bench, the petition was filed challenging an order of the Allahabad High Court refusing to grant the petitioner-husband anticipatory bail in a rape case by his wife arising out of incidents that took place in 2011 and 2014, before the two were married.
The present case is a matrimonial dispute between the petitioner and his wife. The petitioner's wife had lodged a complaint against him for rape in the year 2015 after he refused to marry her following a live-in relationship for a period of about four years. Following this, the petitioner said he persuaded his family members for the marriage and the same was solemnised in 2015 as per Muslim rites. Subsequently, an affidavit was filed by her to the effect she married the petitioner consensually and without pressure. Hence, the FIR was closed.
The plea before the top court said that after the wedding, the couple lived cordially for the first two years but following this, his wife became quarrelsome. She allegedly threatened the petitioner's family with false cases if he did not provide her with a separate accommodation. Thereafter, she filed a complaint of rape relating to the same incident which was earlier settled between the two. The Chief Judicial Magistrate, Bareilly issued summons in the case. The respondent simultaneously also filed a case for maintenance.
When a non-bailable warrant was issued against the petitioner, he moved the Sessions Court for anticipatory bail and the bail was refused. The Allahabad High Court also rejected the application for anticipatory bail leading to the present plea before the top court.
