Want to abort baby
Dilip Chakraborty
(Querist) 24 May 2016
This query is : Resolved
Sir,
My wife is expecting 2nd baby (pregnancy of less than one month) after 12 years of marriage but I do not want baby any more. She became pregnant by lying me about her date and forced me to discharge inside which causes her pregnancy. She gets this pregnancy without my consent and also I am not in a position to maintain another child as I am now 44 years old and not having secured job. Kindly guide me the legalities if I force her to abort her pregnancy as she is not wiling to abort or can I give her some medicine without intimating her. Can I approach family court to seek order to abort if not agreed by her?
SAINATH DEVALLA
(Expert) 24 May 2016
U R revealing UR intentions of the proposed crime to be committed in a legal forum,which could lead U in legal troubles.U cannot get UR wife aborted without her consent and it would lead to a severe crime according to the Medical Termination of Pregnancy Act 1971.
The Indian Law on Abortion:
Section 312 of the Indian Penal Code, defines the offence of 'causing miscarriage' as follows "whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to 3 years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.
Even after going section 312 IPC,U intend to carry on with UR proposed inhuman abortion plan,then law will take its due course.
Dilip Chakraborty
(Querist) 24 May 2016
What about her expecting baby without planning with me and my consent.
Kumar Doab
(Expert) 24 May 2016
Supreme Court has certainly interpreted article 21 and recognized that a person has complete rights of control over his body organs and his ‘person’. Thus Right to procreation and to have control over one's reproductive organs gives birth to another right i.e. the right to abortion.
A woman does not need her husband's or partner's permission to get an abortion.
You may go thru:
Indian Journal for Medical Ethics:
Reducing reproductive rights: spousal consent for abortion and sterilisation
http://www.ijme.in/index.php/ijme/article/view/559/1438
Supreme Court of India
Samar Ghosh vs Jaya Ghosh
https://indiankanoon.org/doc/766894/
Fathers' Rights and Abortion
http://family.findlaw.com/paternity/fathers-rights-and-abortion.html
Cruelty Against Husband in India
http://www.legalindia.com/cruelty-against-husband-in-india/
Supreme Court of India
Kharak Singh vs The State Of U. P;
https://indiankanoon.org/doc/619152/
P. Venu
(Expert) 25 May 2016
The matter needs to be sorted with your wife.
