Section 313 and its defence intiation
tanmay
(Querist) 18 February 2012
This query is : Resolved
Hi,
I am falsely entangled in this s313 mess. My wife and I decided mutually to undergo the termination of pregnancy in May 2010.
We separated in Jan of 2011.
In November of 2011, she has filed a court complaint against me alleging that I forced her into undergoing this procedure.
Now, my q. points are,
1) Can she simple allege without evidence?
2) If her signed consent forms from the clinic are provided to the court showing she was consensual to this. Will it be sufficient to quash the case?
3) If the consent forms are shown to the case;and the case is quashed. Can a case be filed against the girl for damages caused due to unnecessarily causing mental torture and harassment to my family and myself?
4) Is there any good advocate in Bangalore who could please drop in a line to me so I can contact them?
5) This case is also followed by 498a; which I would like to discuss with someone knowledgeable in person.
Thanks
TB
ajay sethi
(Expert) 18 February 2012
TB
if your wife has alleged that you forced her to abort the pregnnancy in your defence you can rely upon consent form duly signed by her in her own handwriting .
in addition you will alos have to examine doctor who did the abortion to show that your wife has willingly signed the consent form without any coercion .
once you are acquitted of the case dont file case for damages . try to understand her stae of mind . after consneting to abortion she must be having strong sense of guilt .
she is only trying to take out her frustration on you .
in fact suggest to her to see a psychiatrist .
do not know any lawyer in bangalore .
send a pvt message to Mr arunagiri in LCI he is from chennai he may be able to suggest some lawyers name in bangalore
Sankaranarayanan
(Expert) 18 February 2012
better to seek local lawyer and solve the solution at your earliest
