RK (Doctor) 06 September 2016

Abortion case

Dear legal professionals,

My wife has filed dowry cases 7 years back and all are in pending now. Mine was short marriage i.e around 1 year. We lived in USA and she got aborted in USA which was mutual decision. FYI, She has mental problems, so I didn't say NO either.

We are not divorced yet . Now my wife is saying that she will file abortion case in India. I don't afraid of it as I know the truth but I want to know

1) Can she file the cases in India under IPC section after 7 years of separation and will that be valid ?

2) Abortion was done in USA , will Indian courts take cognigance of it ?

3) Also can you please eloberate the sections associated with it ?

Reply Follow

5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 06 September 2016

Sir, What was the stage of pregnancy ? Which month ? Warm Regards Kapil Chandna Advocate 9899011450

(Guest)

As far as I know, Indian courts do not take cognizance nor prosecute someone for crimes that allegedly took place in another country even if it involves Indian citizens.

Ms.Usha Kapoor (CEO) 06 September 2016

Dear Client,

Her contnetions for abortion which happened on the consent of both the parties in a country of different jurisdiction and that too several years ago has no legs to stand and they are not tenable and legally valid.The Medical Diagnostics and Technics Act can be resorted to by woman who in order to identify any genetic defects in the embrio in the womb or if the pregnancy is allowed to continue it'd be a life threat to mother allows abortion ans not for any other purpose.You are not responsible for her abortion.