False allegation for determining a sex of baby

Querist : Anonymous (Querist) 04 February 2018 This query is : Resolved
Hi,

My wife has put a false allegation on me about determining a sex of the baby during our 125 CRPC / DV / 498 A case. She was about 13 weeks pregnant as per the date she mentioned.

I searched out on google and there is no accurate way to identify the sex of the baby until that time of pregnancy with a simple ultrasound.

Please help me with supported findings and how I can fight these cheap false allegations.

Regards,

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Guest (Expert) 04 February 2018
Not google, but doctor's evidence has to say whether her allegation was false or true.
BY the way, what is the opinion of your own lawyer?

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Vijay Raj Mahajan (Expert) 04 February 2018
Allegation made need to be proved by person making it. If your wife falsely alleged about sex determination test of the child during her pregnancy than its your wife who has to prove this allegation. Sex determination test is banned by law and if false allegation made by wife against the husband of unlawful act than this itself amounts to act of cruelty, that will add to other acts of cruelty committed by wife on the husband and help in getting dissolution of marriage on the ground of cruelty.
The wife unable to prove the alleged wrong committed by the husband will not affect the husband but her own cases of cruelty u/s 498A IPC and domestic violence etc.

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Querist : Anonymous (Querist) 04 February 2018
Thanks jigyasu . My lawyer suggested to make a doctor evidence and I m not sure if that's really important and how I can proceed further? Shall not she has to name the doctor and that doctor need to be called in evidence?

Thanks vijay. If all the allegations were proved wrong is there a way I can ask for compensation as financial and health loss to me and my family.

Guest (Expert) 04 February 2018
Why worried, let her bring any doctor for evidence to prove the allegation. Your lawyer would be there to cross-examine him/her.

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Vijay Raj Mahajan (Expert) 04 February 2018
Yes you can seek compensation and damages for defamation of reputation in society for false allegations as well all physical illnesses suffered by you and your other family members.

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Querist : Anonymous (Querist) 04 February 2018
Thanks Vijay. My lawyer was telling me that I cannot file defamation case as it was not publically done. Can you tell me more details about the possibilities that we can go for after winning the case and proved no guilty?

Vijay Raj Mahajan (Expert) 04 February 2018
Tell your lawyer he's a fool. When matter is coming in court it becomes public in nature not left a private affair between two parties. I don't understand what type of lawyers you be guys engage for your cases that for each and every clarification you need second opinion.

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Dr J C Vashista (Expert) 05 February 2018
If you are interested in obtaining an obligation from experts on this platform you will have to disclose your identity, no reply for an "anonymous" author as per rules.

Sudhir Kumar, Advocate (Expert) 05 February 2018
He has also not disclosed exactly what has happened out of which allegation has come up. It is a vague query.

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