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RK (Doctor)     06 September 2016

Abortion case

Dear legal professionals,

My wife has filed dowry cases 7 years back and all are in pending now.  Mine was short marriage  i.e around 1 year.  We lived in USA and she got aborted in USA which was mutual  decision. FYI, She has mental problems, so I didn't say NO either.

We are not divorced yet . Now my wife is saying that she will file abortion case in India. I don't afraid of it as I know the truth but I want to know

1)  Can she file the cases in India under IPC section after 7 years of separation  and will that be valid ?

2)  Abortion was done in USA , will Indian courts take cognigance of it ?

3) Also can you please eloberate the sections associated with it ?



Learning

 5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 September 2016

Sir, What was the stage of pregnancy ? Which month ? Warm Regards Kapil Chandna Advocate 9899011450

(Guest)
As far as I know, Indian courts do not take cognizance nor prosecute someone for crimes that allegedly took place in another country even if it involves Indian citizens.

Ms.Usha Kapoor (CEO)     06 September 2016

Dear Client,

Her contnetions for  abortion which happened on the consent of  both the parties in a country of different  jurisdiction and that too several years ago has no legs to stand  and they are not tenable and legally valid.The Medical Diagnostics and Technics Act  can be resorted to by woman who in order to identify  any genetic defects in the embrio in the womb or  if the pregnancy is allowed to continue it'd be  a life threat to mother allows abortion  ans not for any other purpose.You are not responsible for her abortion.

P. Venu (Advocate)     06 September 2016

The abortion, even if it ahs the elements that would make it an offence, happened beyond the jurisdiction of India. Hence no action lies. 

RK (Doctor)     11 September 2016

Kapil Sir, abortion was done right after we came to know probably 3rd month.

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