Punishment for doing abortion for wife?


Hi All,

I am Krishna,joined into this forum recently. I really appreciate this site and all the members for creating awareness through this medium. I would like to put my problem in front of you all,hoping your best avdice like you do always.

With the consent of my wife and my family, I had  taken my wife hospital and had her DNC/abortion in June'2015. We did not inform\take any persmission from my wife's family as we had some quarrels with them.  I took video recording of my wife's consent with cell phone as precaution.After 2 months, she started quarreling with me for every small issue and left to her home., Although I asked her to come back for many times, She never came back as she does not like my family. And now, her mother is threatening me that she would file case on me and entire my family for doing abortion. My wife is now saying everyone that abortion had been done forcefully without her consent.

As I already took the video recording of her consent for abortion, Can I show this as a proof in the court for showing me and my family  is not guilty?

In case it is not acceptable by court, what will be the punishment for me and my family?

Thank you for your help in advance

 
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Manager

Originally posted by : Krish
Hi All,

I am Krishna,joined into this forum recently. I really appreciate this site and all the members for creating awareness through this medium. I would like to put my problem in front of you all,hoping your best avdice like you do always.

With the consent of my wife and my family, I had  taken my wife hospital and had her DNC/abortion in June'2015. We did not inform\take any persmission from my wife's family as we had some quarrels with them.  I took video recording of my wife's consent with cell phone as precaution.After 2 months, she started quarreling with me for every small issue and left to her home., Although I asked her to come back for many times, She never came back as she does not like my family. And now, her mother is threatening me that she would file case on me and entire my family for doing abortion. My wife is now saying everyone that abortion had been done forcefully without her consent.

As I already took the video recording of her consent for abortion, Can I show this as a proof in the court for showing me and my family  is not guilty?

In case it is not acceptable by court, what will be the punishment for me and my family?

Thank you for your help in advance

May Be Lawyers can throw some light on this..Here is some links...

https://en.wikipedia.org/wiki/Abortion_in_India

http://india.angloinfo.com/healthcare/pregnancy-birth/termination-abortion/

Termination of Pregnancy and Abortion in India

Information on who can seek an abortion in India and the procedure involved…

Abortion has been legal in India since 1971, when the Medical Termination of Pregnancy Act was passed. The law is quite liberal, as it aims to reduce illegal abortion and maternal mortality.

An abortion can be performed in India until the 20th week of pregnancy. The opinion of a second doctor is required if the pregnancy is past its 12th week.

The Medical Termination of Pregnancy Act was amended in 2002 and 2003 to allow doctors to provide mifepristone and misoprostol (also known as the “morning-after pill”) on prescripttion up until the seventh week of pregnancy.

An abortion is permitted in the following cases:

  • A woman has a serious disease and the pregnancy could endanger her life

  • A woman’s physical or mental health is endangered by the pregnancy

  • The foetus has a substantial risk of physical or mental handicap

  • A woman contracts rubella (German measles) during the first three months of pregnancy

  • Any of a woman’s previous children had congenital abnormalities

  • The foetus is suffering from RH disease

  • The foetus has been exposed to irradiation

  • The pregnancy is the result of rape

  • A woman’s socio-economic status may hamper a healthy pregnancy

  • A contraceptive device failed

Permission

  • If a woman is married, her own written consent is sufficient. Her husband’s consent is not required

  • If a woman is unmarried and over 18, she can provide her own written consent

  • If a woman is unmarried and under 18, she must provide written consent from her guardian

  • If a woman is mentally unstable, she must provide written consent from her guardian

 


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Thank you so much Renuka Madam for the reply. Due to financial problems, we had to go for abortion. She and I did not sign in hospital.The doctor just took oral statement from her and did abortion. Per your reply, looks like the situation is out of my hand as its done illegally.So I am so scared now. However, I have video recording of her consent for abortion. Please let me know it cant save in any manner.
 
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Thank you so much Renuka Madam for the reply. Due to financial problems, we had to go for abortion. She and I did not sign in hospital.The doctor just took oral statement from her and did abortion. Per your reply, looks like the situation is out of my hand as its done illegally.So I am so scared now. However, I have video recording of her consent for abortion. Please let me know it cant save in any manner.
 
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Thank you so much Renuka Madam for the reply. Due to financial problems, we had to go for abortion. She and I did not sign in hospital.The doctor just took oral statement from her and did abortion. Per your reply, looks like the situation is out of my hand as its done illegally.So I am so scared now. However, I have video recording of her consent for abortion. Please let me know it cant save in any manner.
 
Reply   
 

Thank you so much Renuka Madam for the reply. Due to financial problems, we had to go for abortion. She and I did not sign in hospital.The doctor just took oral statement from her and did abortion. Per your reply, looks like the situation is out of my hand as its done illegally.So I am so scared now. However, I have video recording of her consent for abortion. Please let me know it cant save in any manner.
 
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Thanks again Renuka Madam for quick reply. Like you said, I came to know that I behaved stupidly. I went and asked her to come back with me two weeks ago.She refused to come and she wants go with all possible cases DV,498A etc on me. So nothing except Video Recording is left to me to prove in abortion issue.In case of other allegations, I beleive I can prove my innocence. So I would like to know if this recording can't be proof for me
 
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Advocate

 

If there exists no medical record in the hospital about the termination of your wife's pregnancy and it was done unlawfully by the doctor in the said hospital than the doctor can be in trouble under section 312 IPC but still to prove that Termination of Pregnancy done in that hospital and by the particular doctor shall be that on the prosecution/police and because of lack of written record the charges u/s 312 IPC for causing miscarriage will not registered.

As far the husband for causing miscarriage is concerned that charge too u/s 312 IPC too will require medical evidence where his consent was taken for the same, this again is not in existence hence the charges against the husband will not get registered u/s 312IPC.

As far charges of cruelty u/s 498A IPC and dowry demand under DP Act, etc. are concerned that is happening more frequently and police register FIR against husband and his relatives on the basis of the statements of the wife and her parents, even if no medical record exists the criminal charges for act of cruelty get registered u/s 498A IPC and prosecution takes place in the court.

The best way to workout is by out of court settlement by paying alimony/financial support and obtaining divorce by mutual consent from the unwilling wife and getting rid of all criminal charges.


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