Divorce sec 304 and 302......

Hi,

There is a clear contradiction of statement by you. For Example, in the 3rd Para you stated that:- "Unwillingly she got aborted within 8 weeks of pregency by using  a  table prescribed by the doctor."

and in the 7th Para, you stated that:- "she done abortion under her own willingness as she told my brother as his prime motto to acquire a  good job  first for his better living  and not to depend upon husband's income."

Please state the true line to get professional help. and for the case under 498A, please get in touch with Criminal Lawyer.

And last but not the least:- If your cousin have problem with section 302 & 304, I hope no body can help you by deleting the section. (of which Act, you did not mention)

quote from your own post:

In the third year she was pregnant which is unwanted. My brother asked her to get aborted .Unwillingly she got aborted within 8 weeks of pregency by using  a  table prescribed by the doctor.

If that is so, he is guilty of offence under Section 312 amnd 313 of IPC and not under Section 302 and 304 IPC.  If the charge is framed under Section 313 of IPC and after the trial, it is proved that he cannot be convicted under Section 313 IPC, the court has got the power to convict him under Section 312, if the prosecution succeeds to prove (1) she was pregnant.  (2) it was unwanted. (3) he asked her to get aborted. (4) it was aborted. If all these points are proved, then he can be convicted.

As she was forced (appears to be) to change her job on the ground she was overqualified to her job and forced her not to become mother are the acts come within the definition of "mental harassment" as defined under Section 498-A.  If he is guilty of these things, he is liable to be punished according to law.

Regarding to maintenance, if she files the case under approrpirate law, she will be entitled to the same.  My answer may not give you any assurance, but the principle of law is that guilty should be punished and innocent should be acquitted.

Thanks Chanduji Dibakar

Actually the abortion was done by mutal understanding between my brother and his wife. But his wife cleverly collected all evidence of pregnency,and the messages which my brother sent to her regarding doctor appointment for abortion etc..

My brother is so innocent as he had no ideas of divorce at all.But his wife collected this evidence having plans for divorce..

We are worried regarding the  Section 312 amnd 313 of IPC.

Though the divorce is given ,does this sec's will continue  till he get convicted/jailed.

Is abortion that much serious..????

Thanks

Primarily, she has to prove that he forced her for abortion.  If she fails to prove and if he proves that happened without his knowledge, he will get acquitted.

Yes, forced abortion is that much serious...you have not explained about the contradiction in your first post. If the first version is beleived, this forced abortion was an criminal act, pure and simple.