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JUPHIN ABRAHAM PHILIP   28 January 2021

Abortion of child -3 months

Sir,
I married last year. My wife got pregnant, for 2.5 months when she left to her house. She quarelled with me and abort the baby when it was more than 3 months old. Can any law exist in india to question this in court. can I post a complaint in court.


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 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 January 2021

No. She quarreled with you and left home.  I think it is her will.

1 Like

Kevin Moses Paul   01 February 2021

An individual's personal stance on the complex ethical, moral, and legal issues has a strong relationship with the given his/her value system. A person's position on abortion can be considered as a combination of their personal beliefs on the morality of induced abortion and their ethical limit regarding the government's legitimate authority.

According to the Supreme Court of India it has laid few conditions where a person may lead to choose abortion as a step. These are as follows -
1.) The continuance of the pregnancy would involve risk to the life of the pregnant woman greater than if the pregnancy were terminated

2.) The termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman

3.) The continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman

4.) The continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, or injury to the physical or mental health of any existing child of the family of the pregnant woman

5.) There is substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.

6.) Or in emergency, certified by the operating practitioner as immediately necessary:
to save the life of the pregnant woman or to prevent grave permanent injury to the physical or mental health of the pregnant woman.

However, if these situations don't meet the you're wife's criteria or the reason she initiated this step, then Yes she could be sued for aborting the child because as per law it is also essential that during abortion both the spouses should agree to or should be aware of such a step.

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