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Reynold O Connor   03 March 2016

challenging the validity of section 198 of CrPC

A woman consulted an advocate to check by any means she could put an end to her husbands adulterous relationship which was cause of deterioration in family.. She was advised that only husband of the adulteresses can complain and no one else by reason of sec 198 cr.PC , no court can take cognizance of offence except complaint aggrieved by it 198 (2) no person other than the husband of the women shall deemed to be aggrieved by offence committed under sec 497 IPC ,she was also advised alternative way to file fa divorce on basis of adultery..... Finding no alternative , the aggrieved filed a petition fa divorce and decided to abort her 21 weeks pregnancy which was result of s*xual assault on her, against her will and without her consent by her husband, which is not 'rape' as per sec 375 IPC , she consulted a medical practitioner she told there cannot be legally abortion done as per sec 3 of Medical termination of pregnancy 1971...she felt totally disgusted with the treatment to her in law and women similarly so she wrote a letter to the executive committee Mahila Mahila Abhiyan,it has filed petition before the supreme court challenging the validity of a section 198 CrPC 375 Indian penal code and section 3 of medical termination pregnancy 1971.... This is the case study where I gotta prepare on behalf of Respondent.....


Learning

 1 Replies

Ghazala Rahman (advocate)     31 March 2021

In due course of law

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