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RaviSK (engineer)     29 January 2011

Sec 498a - Divorce having no children

Hi,

One of my friend having a lot of financial debts.

Due to this reason he don't want to have childern in this whole life.

But his wife want children and  also aborted twice due to the pressure of my friend.

Now she want to file case againt him under sec498a .

Is there any way my friend can be overcome from this situavation.

 

Thanks



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 6 Replies

Arup (UNEMPLOYED)     29 January 2011

sorry.

the attitude of your friend not fair.

one of the main purpose of the marriage is to get a child.

if any one create obstruction on it, in my considaretion, his / her act not fair.

better he take divorce and pass his rest of the life without wife.

4 Like

RaviSK (engineer)     29 January 2011

Thanks for the reply.

I want to know  does this problem   come under sec 498a

Thanks
 

Avnish Kaur (Consultant)     30 January 2011

498a and 315 depends on detailed facts of the case.

has she decided to leave him, because 498a means end of realation.

315 is much more dreaded than 498a itself, but detailed facts are needed.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     30 January 2011

Let your friend to convince his wife and let him admit is guilty so she can agree and live with him.

2 Like

Avnish Kaur (Consultant)     30 January 2011

rajeev is right reconciliation and mediation shud be tried first. because 498a coupled with 315 is non -compoundable and will end relationship terminally.

1 Like

Jamai Of Law (propra)     30 January 2011

Your friend doesn't deserve clemency.......................

He should be brought to books...........................and should serve a generous term.

 

Lot of debts but did marry..................And also seemingly didn't to take precausions as well ....ALTHOUGH... he had CLEAR intensions of NO progeny.

 

What does he think of abortion methods?

It's not like "trifala choorna" taken in night before and in the morning it's 'all clear' . In Abortion woman's life is subjected to danger...woman's womb is literally punctured and depending on the deveopment stage of the foetus it gets complicated more and more.

 

Probably your friends wife won't be able to conceive or unfortunately may face difficulies if she takes another  chance of progeny.

 

At least humans have developed the techniques to salvage/remove dead foetus in the womb....and humans are able to take out that fom the womb but it makes a lot of damage to females body.....abortion is the last and resort to save life of woman first and not as an "method" of "family planning".....

You friend deserves to be for 304 and 302 as well and many other section in IPC.

 

All other female animals like cows, dogs, wilder beasts (in africa...watch discovery channel) simply die carrying the dead foetus which rots inside creates poison.

 

1 Like

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