Ex-wife accuses man of ‘unnatural sex’ with lover, he seeks HC’s aid

MUMBAI: A 30-year-old lawyer from

Breach Candy

, facing trial for charges, including that of “unnatural sex”, has approached the

Bombay high court

urging it to quash them. The lawyer got into trouble just four months after his marriage to a Mahim girl, when she and his father-in-law discovered a "sex video" of him allegedly indulging in "

unnatural sex

" with his girlfriend. Besides

dowry harassment

, police booked him under section 377 of the Indian Penal Code.

In his application, the lawyer claimed he has reached an out of court settlement with his now ex-wife. He has termed the criminal case an "abuse of the process of law" and urged the HC to use its discretionary powers to strike down the case against him. A division bench of Justices Satyaranjan Dharmadhikari and Prakash Naik has scheduled the matter for hearing on Thursday.

Advocate Aabad Ponda, the petitioner’s counsel, claimed police wrongly invoked IPC sections 377 and 328 (administering stupefying drugs). The advocate referred to the statement of the girlfriend that she was only friends with the lawyer and denied indulging in unnatural sex. Additional public prosecutor F R Shaikh said police filed a chargesheet in the case before the trial court.

The lawyer got married in April 2014. According to his father-in-law, while transferring some photos and videos of the wedding from a hard disk, he chanced upon the videos in which “he was seen having illicit relations with the girl and using dangerous substance on himself as well as her”.

The wife and her father lodged a police complaint in July 2014. They accused his mother and sister of hiding the fact that he was already married. The FIR further alleged that he ill-treated his wife. He was arrested on July 29, 2014. He was subsequently released on bail. Later, they agreed for divorce and to drop the criminal charges, the lawyer claimed.

The petitioner, who has now remarried, said his discharge plea was opposed by police since "serious charges" like section 377 and section 328 were involved. “He is innocent and never ill-treated his wife. He never indulged in any unnatural act with anyone else,” the petition claimed, adding there was nothing in the chargesheet to show he committed any offence.

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