ajay (hi) 25 September 2014

Advise on ipc 313 (forceful abortion)

Dear All Lawyers,

My wife filed IPC 313 along with other IPCs on my and my parents.

As evidences she produced BAMS degree holder doctor's Letter head showing that she visited her and doctor prescribed her vitamin tablets for baby. Doctor did urinal pregnancy test and prescribed her vitamin tablets for better health.

Police also met that doctor and wrote that She (wife) came to her clinic and she treated her and gave her vitamin medicines. Doctor gave statement that wife was pregnate by 1 and half months and for better health of baby doctor prescribed her vitamin tablets. Wife made false allegations on us that we forcibly gave an medicines that caused miscarrage.

We have filed discharge petition in the session court for IPC 313.

If you have any judgements on IPC 313 where accused are discharged from IPC313, please let me know.

Regards

Ajay (ajaybarc1@gmail.com)

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4 Replies

LoneFighter (IT) 26 September 2014

Looks like immoral women are abusing each and every section made to protect them :/

Anyhow.. if the tablets were for vitamins, they would not have caused any miscarriage as they were prescribed by the doc.

If you are telling the truth, she might have got herself aborted somewhere else, why dont you try to find out how did she get aborted. Each and every abortion should be registered.

Try to get the call details of your wife, she would have some day or the other tried calling some hospital.

You could use TrueCaller app to trace the number. Its a tedious process, i know but it could yield better results.

Reg Citations: please refer indiankanoon

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 26 September 2014

contact a lawyer personally or search through goggle, judis.nic.in

T. Kalaiselvan, Advocate (Advocate) 02 October 2014

Your information is bereft of details and very vague. if she has allege that she forced to abort, she had to produce the details of MTP/abortion before the court, whether she produced the same through documentary evidence, whether the doctor who have done abortion was questioned, whether you have properly challenged the case? whether you have cross examined her about the tablets alleged have been administered on her which caused her abortion? What is your lawyer's opinion about this, since this is ave sensitive issue, you may have to closely be in touch your lawyer, he will be capable of taking care of the citations in this regard.

prajapatidb497 11 June 2015

My wife wrongly said that we gave her medicines which caused abortion which is wrong. we do not know even whether she was pregnate. BAMS lady doctor has also said that she prescibed only vitamin tables to my wife. My wife and chargesheet do not show any medicines to prove allegation. Only it is only my wife wrong statement that we ( i and my parents) gave her medicine to abort her child.

Please advice we do not know when my wife got pregante we came to know only when we got the chargesheet and saw prescripttion of BAMS lady doctor and wife and her parents statement. Besides, my wife's brother is also a doctor.