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Vijay Kumar (Clerk)     08 December 2014

Miscarriage done by my wife

 My wife had done abortion (4 and 1/2 months pregnant) without my consent at her hometown. This is her first pregnancy.  Before Diwali, her parent, unlce & brother (6-7 persons) took her at their home without my consent and she also went. I have her 100% good and healthy prenancy report.  I am very tense, I don't want to be with her anymore. If she file a false complaint then I will be crewed up.  I  as well as my parents used to tortured by my wife by abusive words.

1. What is the right of a father in abortion ? 2. Can I file criminal cases against her/her parents ? 3. Can I file divorce in grounds of mental cruelty ? 4. If yes, can she file for maintenance also.

with regards,

Vijay Kumar



Learning

 3 Replies

NATARAJAN IYER (Proprietor)     08 December 2014

1. What is the right of a father in abortion ?

 

UNLESS YOU ARE NOT IN TOWN AND VERY FAR OFF AND TOTALLY INACCESSIBLE EVEN OVER

MOBILE PHONE AND IT IS A LIFE-THREATENING EMERGENCY, SHE CANNOT ABORT WITHOUT

YOUR PERMISSION....Even you too, along with her, HAVE TO FOLLOW THE LAW OF THE LAND in

matters of ABORTION... since, it is a NEW CITIZEN of the COUNTRY whose life has been STOPPED

and therefore ENTRY PREVENTED, for which LEGAL ACTION CAN BE TAKEN,

IF the legal guidelines have been violated.

"Culpable homicide" is an offence under 299 of the Indian Penal Code (IPC), defined as

"Whoever causes death by doing an act with the intention of causing death, or with the

intention of causing such bodily injury as is likely to cause death, or with the knowledge

that he is likely by such act to cause death, commits the offence of culpable homicide."

 

"Culpable homicide not amounting to murder" is an offence under 304 of the Indian

Penal Code. It applies to an event where the death is intentional but does not come

within the IPC definition of "murder". Accused charged with culpable homicide

will not get bail. It is non-bailable.

 

2. Can I file criminal cases against her/her parents ?

 

AGAINST HER --- YES

AGAINST HER PARENTS --- YES --- YOU CAN FILE A CASE SAYING YOU SUSPECT THEY

ABETTED THIS ACTION OF HERS ( AIDED / INFLUENCED THIS ACTION OF HERS ), FOR REASONS

NOT KNOWN TO YOU AND A PRAYER BE SUBMITTED TO THE COURT TO DIRECT THE

JURISDICTIONAL POLICE TO CALL HER PARENTS AND INVESTIGATE.-----------------------

 

3. Can I file divorce in grounds of mental cruelty ?

YES ---------------------

4. If yes, can she file for maintenance also.

YES ---------------------but if she is convicted ( investigation and courts find her guilty of the offence ) of the

crime of killing the unborn child, she cannot get any maintenance........

since this is a crime case, even if you file for divorce, the crime case and the divorce matters would go

on as two separate proceedings......

so, even during the hearing of the matters, her plea for maintenance would not be entertained......

but you need to submit the information about a parallel crime case against her, to the court that treats

the maintenance applications...

Dr J C Vashista (Advocate)     09 December 2014

What would you gain from dragging her into litigation just analyse, although you can approach the court for justice which may be delivered (later on) in your favour.

Just forgive, relax, forget, gone is gone and start afresh and you will be blessed with children.

T. Kalaiselvan, Advocate (Advocate)     11 December 2014

What if that the abortion will be turned into a miscarriage with the help of a certificate by the medical attendant who treated her ?You will not have any case at all and your complaint will be dismissed leaving you to lurch or toil in more troubled situations.  Moreover, if she resorts to legal action on you with the help of women biased criminal laws against you and your family to avenge you, the situation and crisis will deepen further more leaving no chance for revival of the strained relationship.  Reconcile and put efforts to straighten things in the future so that embarrassing and awkward situations can be avoided paving way for a renewed peaceful married life.


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