Section 498a,323,313,506 ipc
Querist :
Anonymous
(Querist) 10 October 2011
This query is : Resolved
need expert opinion
marriage went on smoothly for about 6 months.thereafter husband started beating and treating with cruelty owing to demands of dowry.more so husband tried to get miscarriage of her wife during first 6 months of marriage.a doctor was consulted but doctor refused.here i want to mention wife along with her husband went to doctor sothat child may be miscarried but as i said doctor refused.but within a couple of days husband procured some medicine and gave it to her wife saying medicines are for the purpose of keeping healthy our child.on this wife took those medicines and it resulted in miscariage of child.this is story of how miscarriage is done.i want to know can husband be punished for miscarrying.i think not becous on earlier occasion when wife alongwith went to doctor alonwith her hus shows that wife is consenting party whereas wife says she went to doctor just to keep peace and live with her husband.i entertain a reasonable doubt here over conduct of wife to become consenting party.later taking medicines without any thinking shows that she did gross negligence in not understanding medicines.till now i m talking about applicabilty of sec 313ipc.now allegation of cruelty coupled with several incidents with proof i m mentioning.neihbourhood evidence,phone recording over phone when husband tied wife with ropes and went away office wife called someone on phone and so this became evidence of cruelty(physical cruelty).apart from this there are various incidents of which proof shall be given at relevant time by documentary or ocular evidences.one fine advocate told me since the incidence of cruelty and miscarriage and beating took place 4 or 5 months back so case is not maintable.
now my questions are-(1)case is within time or not.
(2)whether in allegation of miscarriage by wife,husband can be held liable thinking for sometime that wife's conduct of going with husband to doctor is just for saving her matrimonial life.and taking medicines in ignorance of facts.
(3)last thing i want to know is there any others sections in IPC where apart from section i mentioned husband can be punished.
pls tell me ur opinions what actions should be taken now marriage is disastrously broken after 6 months and marriage is compeleting its 1 year.
pls help becous this case seems to me showing real facts of cruelty and a justice may be done to wife.
kuldeep kumar
(Expert) 10 October 2011
ur marriage facts shows u r victim of cruelty but ur conduct of miscarriage is looking doubtful.u can file fir or complaint in court.ur case is in time limit
Querist :
Anonymous
(Querist) 10 October 2011
one fact i forgot mentioning that is husband took wife to doctor but on doctors asking to wife in hospital wife refused to get miscarriaged.this fact itself shows that wife is living in terror of husband.
Arun Kumar Bhagat
(Expert) 10 October 2011
1.Case is within time.
2.Husband can be held liable for 313 IPC.
3.498A/313 IPC.
Shonee Kapoor
(Expert) 10 October 2011
If the facts suggested by you are true, all sections which you stated are applicable and the complaint is well within time.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 10 October 2011
dear experts the wife in case mentioned above is resident of MP STATE and incidents took place in JAIPUR.some advocate told me that u can not file case in MP but in JAIPUR.pls tell me can we file case in MP STATE.also i have doubt about section 313.is delay not fatal to my case.pls tell me soon
Querist :
Anonymous
(Querist) 10 October 2011
advocate told me that case is of criminal sections so better file it where incidents took place.
Raj Kumar Makkad
(Expert) 10 October 2011
Mr. Anonymous! You should have come with your real identity.
It seems you are confused while raising your query. On the one hand, you are telling about cruelties of husband and in the same breath, start justifying it and moreover start alleging wife being a consenting party. You would have only put facts of your query and reply would have been left upon experts.
You are playing double game. You are successful in raising your query on the one hand and also replying your query as if you are expert. If you have also to perform both roles then what is need to put it before experts for their help?
Anyway, sections you mentioned in the heading of your query are proper however, complainant/wife shall have to justify delay for filing FIR under section 313 IPC. Police while making investigation can also leave this section as no reliable evidence is available with wife except her bald assertion.
FIR can be got lodged in Jaipur only wherein alleged offence under section 313 IPC took place.
