Abortion without husband's knowledge

1. Detailed provisions of legal abortion are given in Medical Termination of Pregnancy Act, 1971. S. 3 to 5 of this act specify the situation when abortion is permissible.

2. If you allege it is illegal abortion then you have under 6 months time (limitation) after knowing about it to charge people under various IPC sections (S. 312 / 315 r/w S. 34 IPC as well as udner S. 5 of MTP Act) including roping in In-Laws (abettor) as well as Medical centre where it took place.

Make an informed wise decision within time limit as medical centeres (nursing home) are not required to retain such records for more than 6 months as per IMC guidelines.

3. Also note a metro wife's decision to undergo an abortion without her husband's consent amounts to cruelty (you can seek divorce just on this ground) several Courts in India have granted divorce to husbands who alleged that their "figure conscious" wife did not inform him / them before terminating her pregnancies :-)

Dear Querist

as per section 315 of Indian penal Code,

Section 315. Act done with intent to prevent child being born alive or to cause it to die after birth

Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either descripttion for a term which may extend to ten years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years, or fine, or both—Cogniza­ble—Non-bailable—Triable by Court of Session—Non-compoundable.

Feel Free to Call

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

          +91 8802305262

.

Respected Sir,

Thank you very much for the information.

regards;

RAM

Dear Sir,

I am also going through the same condition as my wife had done abortion without my(husband) consent. This is her first pregancy. We married on 1 Jan 2013. Before Diwali, her uncle & parent took her at their home without our(husband and husband's parent) authority and she also went. At that time she was 2 and half month pregnant. On the 14th Nov at 2 PM, I got a call from her uncle, told me that, doctor is saying that her fetus is not in good condition and need to abort, tell us ur decision. I said, right now, I am not in a position to take decision, I need to discuss with my parents and then will told you. On that day, I haven't called them as call is from his uncle, I thought, might be they are saying false. also No call from her parent or brother or from her, so take it lightly. On 17th Nov, I called them, and got a surprise news that, she did abortion on 14th Nov in the evening only. When she was with me, she was absolutely fine, no complications. But I think, they have intentionally abort the child.

I am very tense, I don't want to be with her anymore. If she file a false complaint then I will be crewed up. I can't understand what to do. Is any law based on I can take divorce

My brothers wife left our house on 23rd June 2013. yesterday she has given a written complain in police station stating that my mother and brother torture her physically and mentally for dowry.

Also without leaving our house she was 45 days pregnant.

In her complaint she mentioned that due to extreme mental torture from my mother and brother miscarriage happened and she aborted without concern of my brother.

This miscarriage happend at her fathers place and this was told to us by the case handling inspector.

Please advise can we take them to court on the verge of cruelty and the maternity home where the abortion happened without concent of my brother, as the miscarriage happend at her fathers palce.

please advice

My wife left our house on 6th Feb, 2015. she has given a written complain in police station stating that my parents, me and my sister torture her physically and mentally for dowry. Also without leaving our house she was 45 days pregnant. In her complaint she mentioned that due to extreme mental torture from my parents miscarriage happened and she aborted without my concern. This miscarriage happend at her fathers place and we came to know about this on first counselling at Mahile Aayog on 18th April, 2015. We dont even know which hospital she got the child aborted. Please advise can we take them to court on the verge of cruelty and the maternity home where the abortion happened without my consent, as the miscarriage happend at her fathers place. please advice.

My wife left our house on 6th Feb, 2015. she has given a written complain in police station stating that my parents, me and my sister torture her physically and mentally for dowry. Also without leaving our house she was 45 days pregnant. In her complaint she mentioned that due to extreme mental torture from my parents miscarriage happened and she aborted without my concern. This miscarriage happend at her fathers place and we came to know about this on first counselling at Mahile Aayog on 18th April, 2015. We dont even know which hospital she got the child aborted. Please advise can we take them to court on the verge of cruelty and the maternity home where the abortion happened without my consent, as the miscarriage happend at her fathers place. please advice.

She got aborted, you give her one tight slap, thats all.  If you find her incompatible take MCD and be happy.

Sir, 

Please let me know what should be my further proceedings or the things I need to forsee if she put sec-315 on me.. how shall i proceed legally on this? I am living with my parents who do not keep well and I am the only person who is supporting my family.. we did not even register the complaint in near police station as her father said she will be back in a week.. shall i go and register my complaint now in police station? please give some information on this..

Pay her lumpsum money and take MCD, no use pursuing these matters in court.

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