'Can't file rape case for consensual sex in extra-marital affair': HC
'Can't file rape case for consensual sex in extra-marital affair': HC
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Ranchi: The Jharkhand High Court has given an important verdict in a rape case related to an extra-marital affair. The court of Justice Sanjay Kumar Dwivedi said that a woman cannot file a case of rape or sexual harassment after consensual physical relations with a non-man after marriage.

In fact, Manish Kumar of Deoghar had filed a petition in the Jharkhand High Court to cancel the FIR against him or get squashed. A woman had filed a rape case against him in the CJM court in Deoghar. Manish was accused of sexually exploiting her on the pretext of marriage.  

Manish said in his application that he met the woman i.e. the petitioner in Deoghar. The woman was married but she had said that she would marry Manish after getting divorced from her husband. Meanwhile, both of them had a consensual relationship but Manish refused to marry. The woman filed an application in the CJM court against Manish that he had sexually assaulted her. In this case, the Jharkhand High Court said that it is illegal for a married to promise marriage to a married person. If both know that both are married, then the promise of marriage is wrong, so section 376 of the  IPC cannot be imposed on it.

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