Abhi_Mechanical (Mechanical Engineer) 21 February 2017

How to file case on wife who did abortion before marriage.

Hi All,

I have all details of my wife who did abortion before marriage. I have details of doctor who involved in her abortion. She cheated and betrayed me. I have discussed with advocate to file case on her, doctor, her parents and relatives who cheated us.

When I discussed with advocates, then few told me that it will come under IPC 406 and few told me that it will come under IPC 420. Even when I went in police to registered case against her and her parents, then police told me that can't registered FIR. Instead of that police informed her about it. Then she filed false 498A and DV case against me.

Please let me know what to do in such situation.

Regards,

Abhishek

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6 Replies

Prasad 21 February 2017

If you have enough records fight it on merit or else quash the case by approaching high court. With your records, file a divorce case and get rid of her. Positive judgement from 498A will be an added advantage.

Sri Vijayan.A (Legal Consultant) 21 February 2017

I endorse the views of Sri.Prasad.

File Divorce case.

Also file in High Court to quash the 498 case.

Neeraj Jha (Web Developer) 23 February 2017

Dear Abhishek,

There are two options

One already told by Mr. Prasad. and second is if you are able to make DSP in your favour. DSP/SP can cancel the FIR under CrPC 173, on ground of proofs you have.

In my case Police registered FIR against me and other family members then DSP cancelled that FIR and made a cancellation report onto that. And once its proved that she filed a wrong complaint against you intentionally then you will have the sufficient ground of Divorce. as per judgment of K. Srinivas vs K. Sunita on 19 November, 2014 , https://www.insaafindia.in/judgements/divorce/divorce-grounds-false-complaints-wife-supreme-court-2013/

And for registering FIR against your wife. First you report to SP/IG/DG of Police via email or online and keep the proof. then application will come in Police station for investigation, your statment and other party statment will be taken by Police, Police may reject your application with giving some seasons then you apply RTI and collect (1) your registered complaint copy (2) statment of both pariies (3) and police investigation report, you collect all these proofs. then you will have two options to approach the court, one is you file complaint before lower court u/s 156(3) Istkasa, and second option is file a petition under CrPC 482 in High court.

(Guest)

Yes do like that

Sudhir Kumar, Advocate (Advocate) 24 February 2017

you have already purchased trouble. go for amicable solution by shedding ego.

Neeraj Jha (Web Developer) 03 March 2017

Dear Abhishek,

There is an update I just read, High court is not direct authority for directing police for investigation or lodging FIR u/s 482 Cr.PC. It is not maintainlable as per the case held "sakiri vasu vs state of u p and others", according to that you should go first to file complaint u/s 156(3) before the magistrate in your area and after that the application can be lodged 482 Cr.PC if not satisfied.