Hi All,
I am Krishna,joined into this forum recently. I really appreciate this site and all the members for creating awareness through this medium. I would like to put my problem in front of you all,hoping your best avdice like you do always.
With the consent of my wife and my family, I had taken my wife hospital and had her DNC/abortion in June'2015. We did not inform\take any persmission from my wife's family as we had some quarrels with them. I took video recording of my wife's consent with cell phone as precaution.After 2 months, she started quarreling with me for every small issue and left to her home., Although I asked her to come back for many times, She never came back as she does not like my family. And now, her mother is threatening me that she would file case on me and entire my family for doing abortion. My wife is now saying everyone that abortion had been done forcefully without her consent.
As I already took the video recording of her consent for abortion, Can I show this as a proof in the court for showing me and my family is not guilty?
In case it is not acceptable by court, what will be the punishment for me and my family?
Thank you for your help in advance
Originally posted by : Krish | ||
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Hi All, I am Krishna,joined into this forum recently. I really appreciate this site and all the members for creating awareness through this medium. I would like to put my problem in front of you all,hoping your best avdice like you do always. With the consent of my wife and my family, I had taken my wife hospital and had her DNC/abortion in June'2015. We did not inform\take any persmission from my wife's family as we had some quarrels with them. I took video recording of my wife's consent with cell phone as precaution.After 2 months, she started quarreling with me for every small issue and left to her home., Although I asked her to come back for many times, She never came back as she does not like my family. And now, her mother is threatening me that she would file case on me and entire my family for doing abortion. My wife is now saying everyone that abortion had been done forcefully without her consent. As I already took the video recording of her consent for abortion, Can I show this as a proof in the court for showing me and my family is not guilty? In case it is not acceptable by court, what will be the punishment for me and my family? Thank you for your help in advance |
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If there exists no medical record in the hospital about the termination of your wife's pregnancy and it was done unlawfully by the doctor in the said hospital than the doctor can be in trouble under section 312 IPC but still to prove that Termination of Pregnancy done in that hospital and by the particular doctor shall be that on the prosecution/police and because of lack of written record the charges u/s 312 IPC for causing miscarriage will not registered.
As far the husband for causing miscarriage is concerned that charge too u/s 312 IPC too will require medical evidence where his consent was taken for the same, this again is not in existence hence the charges against the husband will not get registered u/s 312IPC.
As far charges of cruelty u/s 498A IPC and dowry demand under DP Act, etc. are concerned that is happening more frequently and police register FIR against husband and his relatives on the basis of the statements of the wife and her parents, even if no medical record exists the criminal charges for act of cruelty get registered u/s 498A IPC and prosecution takes place in the court.
The best way to workout is by out of court settlement by paying alimony/financial support and obtaining divorce by mutual consent from the unwilling wife and getting rid of all criminal charges.
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