Cohabitation without valid divorce amounts to rape: Supreme Court

Cohabitation without valid divorce amounts to rape: Supreme Court

The High Court held the appeal as timely, applying the Supreme Court’s COVID-19 limitation extension. The respondent’s claim of a customary divorce lacked evidence, making his second marriage void under Section 11 of the Hindu Marriage Act. As the first wife was comatose, impleadment was waived. Despite alimony being withdrawn, the court noted it's still applicable in void marriages. The respondent’s cohabitation, despite a valid first marriage, amounted to fraud and rape under IPC Section 375 and BNS Section 63(d)(iv).

Find Lawyers In Your City

Connect with Best Lawyers at your location