What is the needed proof for beating pregnant wife? Is there any punishment for this?
Manish Udar (www.Mehnat.IN) 12 April 2013
What is the needed proof for beating pregnant wife? Is there any punishment for this?
Medical certificate by government hospital doctor stating such and such assult, and treatment given thereafter.
Beating itself is a crime. You cannot beat your wife, pregnant or not pregnant. It is a serious offence, if proved guilty will have to face imprisonment to a maximum of 7 years.
On a much serious note. A married couple should always bear in mind not to kindle each other to such an extent that either of the spouse will take such a drastic step of hitting the other person.
As I always say it takes two to tango.
If beating has occured, any injury has occured to the woman, such is visible only in the form of cuts, bruises etc, but the actual cause of action is never seen, a simple NO, as a rough reply when husband asks did you take your iron pills is enough to provoke a person, depending on what is the mental condition of that person, is just one among a thousand examples of how a spouse can be provoked.
THe woman too should think before she speaks or acts in such a manner which would provoke the husband to take such drastic step/action.
There are many a married couple who fight on a daily basis, not all go to the police station, they solve such matters between the four walls of thier home.
We here are just assuming of what might have happened.
Either ways, Man is a social animal, such man who beats his wife who is pregnant should be insane or would have really lost his mental balance or would have gotten fed up with the taunting and nagging of his wife and did so.
But finally, beating a wife is an offence, one should not resort to such a thing, but there are multiple instances where I have seen husband slapping wife one nice phat on her face, she giving one back, or she going inside the bedroom crying, not opening door, meanwhile husband too feels bad, keeps knocking on the door saying sorry, finally wife opens door, gives one phat back to the husband and both end up crying and hugging each other, make love later, but those are good examples of how married couples kiss and make up.
But men have to understand one thing, beating is an offence, and if the wife were to take drastic steps like filing a case under 498a etc with all required evidence, be ready to be behind bars for a good 7 years!
On deeper thinking, it should be asertained via amniocentesis that the child that she is bearing is of the same as her husband, remember we are just assuming things, she the wife might have bore someone else's child, on coming to know this, or doubting it, an amniocentesis is necessary to determine cause of action ie beating.
Ranee....... (NA) 12 April 2013
Ranee....... (NA) 12 April 2013
guna (designer) 12 April 2013
some times men will become worst than animals they dont show any difference in the situations how ever they maybe
Manish Udar (www.Mehnat.IN) 12 April 2013
@Ranee, how can damage to the foetus be measured? If the baby gets some disease after he grows up and reaches the age of 10 or 20 or even 50 years due to the beating of his/her mother during pregnancy, then will the husband who beat his wife during pregnancy be punished only at that point, and not before?
Sudhir Kumar, Advocate (Advocate) 12 April 2013
please state problems of the case.
Ranee....... (NA) 12 April 2013
Ranee....... (NA) 12 April 2013
Ranee....... (NA) 13 April 2013
Tajobsindia (Senior Partner ) 13 April 2013
Originally posted by : Manish Udar | ||
What is the needed proof for beating pregnant wife? Is there any punishment for this? |
1. Bruising, hit marks on body, nail marks, photographs, witness proof affidavit evidence and (if any) miscarriage resulting into are proof enough to charge person who beats in reference to context.
2. Punishment is 3 years if caused by husband / his relatives and is cognizable, non-bailable and non-compoundable offence.
OR
Punishment is either 1 or 3 or 7 years if caused by any other person who is not husband of the pregnant married woman.