Abortion
rishabh
(Querist) 05 February 2014
This query is : Resolved
my wife has listed that i forcefully got the child aborted at a nearest nursing home, it was wid mutual consent and we got d child aborted, nw she says that it was forceful den what to do
Devajyoti Barman
(Expert) 05 February 2014
What is the case actually?
I believe she may have raised this allegation in a case u/s 498A.
First apply for bail/anticipatory bail and then fight the case on merit.
She can not prove that you forced her to abort the foetus.
Dr J C Vashista
(Expert) 05 February 2014
Vague query, there is no case in the given circumstances.
rishabh
(Querist) 05 February 2014
498a and dv both
Rajendra K Goyal
(Expert) 05 February 2014
Get the bail and defend the case. Engage a good lawyer.
R.K Nanda
(Expert) 05 February 2014
take AB from court.
rishabh
(Querist) 05 February 2014
an abortion when done by mutual consent is it an offence? If d docs come n witness d same den?
malipeddi jaggarao
(Expert) 05 February 2014
You have to prove that it was with mutual consent. Till then you will have to face the accusation of alleged offence.
Advocate. Arunagiri
(Expert) 05 February 2014
You have to show documentary evidence, to prove that the abortion was done with her consent.
Dr J C Vashista
(Expert) 06 February 2014
No, the abortion done by mutual consent is not an offence, keep the documents ready to prove (when actually required)about mutual decision to abort.
Guest
(Expert) 06 February 2014
Instead of replying to the questions of the experts, you simply stated, "an abortion when done by mutual consent is it an offence? If d docs come n witness d same den?"
That the experts know that when done with mutual consent that is not an offence.
About your statement "If d docs come n witness d same den," do you think the doctors, if committed some wrong on getting money or having been related to you or you would have taken her signature forcibly, would say that they had done the abortion forcibly without taking consent of your wife? They would definitely speak in your favour to save their own skin also.
Necessity of proof cannot be overruled, if your wife has compained against you, more particularly when the case is of domestic violence or 498a.
In fact, you are shy of discussion the background of the case, how you can expect the appropriate solution from the experts?
rishabh
(Querist) 06 February 2014
Sir d fact is i m inexperienced for all dis , and dont have much idea about the sections, under her complaints she says that i ask for dowry and beat her regularly and dont provide food and my family tortured her mentally, and he forced me to take mtp and got the child aborted forcefully
rishabh
(Querist) 06 February 2014
My way was not to offend anyone as i m seeking guidance , just wanted to know how to prove her false as she took mtp without my consent and bled for a long time and in order to get rid of dis we mutually went for dnc , now things r changed and relations r sour and being a gal she took advantage of all
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
Half the query is with single alphabets making it difficult to understand the query, the author is using the SMS language here also, which should be avoided. If she went for MTP and later on you went with her for DNC, where is the question of mutual consent for the alleged abortion? You have to contest this matter and challenge it during the time of trial only.
Guest
(Expert) 06 February 2014
First of all, you should know that you are not sending the short messages through your mobile phone to any of us. You should have given clear description of the case instead of using the SMS language, like d, dis, dnc, etc.
However, that is what the information was wanted by the experts to ask concerning the background of such an allegation by your wife. In domestic violence and dowry case, only the defendant husband and others involved have to prove their ignorance in the case.
It depends upon the judge, if he is convinced by doctors evidence, if they can say that no forcible undertaking was taken from your wife. But, still they would be subject to cross-examination by the lawyer from the side of your wife.
Advocate. Arunagiri
(Expert) 06 February 2014
If she had taken the MRP and bled, what is the need for D&C (not DNC).
rishabh
(Querist) 06 February 2014
If in case the child doesnt get aborted by the use of mtp and residual poc's are left , then one has to go for a regular abortion or dnc to get the poc out of uterus
Advocate. Arunagiri
(Expert) 06 February 2014
After using the MTP, if the bleeding started, it is the symptom of abortion.
In your case, if the wife had taken the MRP voluntarily, but you have taken her to the hospital for D&C, you have not done anything for abortion.
So, wife can not blame you in that issue.
rishabh
(Querist) 06 February 2014
We both did with mutual consent ,But now she has filed that i , on knife's edge forced her to take mtp and she bled for almost one month and after that i took her to the nearest hospital for dnc which is absolutely wrong
rishabh
(Querist) 06 February 2014
We both did with mutual consent ,But now she has filed that i , on knife's edge forced her to take mtp and she bled for almost one month and after that i took her to the nearest hospital for dnc which is absolutely wrong
rishabh
(Querist) 06 February 2014
We both did with mutual consent ,But now she has filed that i , on knife's edge forced her to take mtp and she bled for almost one month and after that i took her to the nearest hospital for dnc which is absolutely wrong
malipeddi jaggarao
(Expert) 07 February 2014
Enough guidance is given to you. Take the essence and engage a local advocate to defend your case.
Dr J C Vashista
(Expert) 07 February 2014
I fully appreciate Sh. T kalaiselvan ticking the author and we must ask the querist not to post the query in such a language which is in his/her own created as in the instant case wherein the expert has correctly/rightly pointed out that "Half the query is with single alphabets making it difficult to understand the query, the author is using the SMS language here also, which should be avoided"
I fully agree and endorse the expert Sh. Jaggarao where he has correctly advised "Enough guidance is given to you. Take the essence and engage a local advocate to defend your case" and close this thread.
rishabh
(Querist) 07 February 2014
Thanks a lot sir/madam
