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(Guest)

Help to file case against abortion before marriage

My client's wife files DV and 498a case against my client because my client wants divorce from her wife because she did abortion before marriage. My client wants to file case against her wife's parents/relatives who forcefully did abortion before marriage. He wants to send her wife's parents/relatives into prison who involved into abortion.

 

Please let me know who I can help to my client because his wife and relative harass a lot from DV and 489a case. He requested for MCD. But respondents wants huge money from applicant.

 

My clients have proof like wifes email chat of abortion with her boyfriend. and medical report. But she not used  her real name for check up and abortion.



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 4 Replies

saravanan s (legal advisor)     12 April 2015

only if a woman is pregnant at the time of marriage and that too by someone else other than the spouse and if the girl or her relatives havent disclosed the fact to you at the time of marriage then it forms a ground for declaring the marriage as a void one.and that too it has to be filed within one year of marriage.

but abortion before marriage doesnt constitute a ground for declaring the marriage void.

if after marriage she maintains her relationship with her boybriend and if you have sufficient proofs that they would be in adultery then you can file divorce on the grounds of adultery or you can book the paramour under sec 497 ipc for adultery.this could put the paramour in prison for five years but there cant be any action against the women

as far as 498a is concerned apply for a anticipatory bail from the court


(Guest)

Hi Saravan Sir,

I'm law student. Recently started law study. 

My client is looking to send into prison to his wifes family members and relative who involved in abortion. Because She did abortion illegally. Also her brother and her aunt was involved into abortion.

Can my client file FIR or Case as did abortion illegal way and hide information?..  Also my client have sufficient proof of abortion on that ground we can file FIR and case. But i'm confused about which section and clauses I have to used for case. Also my client is looking to reject anticipatory bail if they apply for anticipatory bail. 

Also my client already have anticipatory bail against 498a.

N R Dash.. (Advocate)     13 April 2015

Is this a case study????? 

 

How the husband came to know about the abortion???? Does he have any proof of such allegation??? 

 

If he has, then first focus on the present litigations & after extracting the truth, perjury may be initiated.


(Guest)

Hi NR Dash Sir,

Yes.. I'm working on this case.

I have discussed with my seniors. But still i'm confused from theirs response.

My client showed me email chat of his wife and her boy friend. In that chat she clearly mentioned about abortion. Also my client got scan report of medical check up in mails. Also he found chat where she told her boyfriend that she did abortion with the help of her cousin brother and aunt.

Now my client wants to send her boy friend, cousin brother and aunt into prison for illegal abortion and hide information from my client. Also he wants to file case against hospital which involved into such illegal abortion.


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