Woman charges husband with rape: HC rejects man's bail plea

A man's plea seeking anticipatory bail has been rejected by the Delhi High Court which said his wife's allegation that she was sexually exploited by him is "serious" in nature in a matrimonial dispute case.

"Looking into the seriousness and gravity of the allegations levelled by the complainant (wife) against the petitioner (husband) and also considering the fact that the complainant in fact had never resided with the husband to lead matrimonial life with him, this court is not inclined to grant anticipatory bail to the petitioner," Justice Kailash Gambhir said.

Taking note of the wife's allegations, the court, in its order, said, "It is also the case of the complainant that the petitioner had raped her on many occasions against her wishes after emotionally blackmailing her and now he has sent a 'talaknama' to her."

According to the FIR lodged by the wife, she had got married to her cousin as per the Muslim rites and customs at a South Delhi dargah on October 2, 2011 as she had been forced her into the marriage.

She had further alleged that due to her husband's conduct, within six months of the marriage the differences arose between them.

"He had forced her on so many occasions on the pretext that now she is his legally wedded wife and, therefore, it is his right to have sex with her. He was also blackmailing her and even extracted Rs 2.5 lakh from her," as per her complaint.

Opposing the bail plea, the complainant's counsel argued that the woman was sexually exploited by her husband and that on April 6, 2012, he had sent a talaknama to her.

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