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try1684   20 January 2018

False dv case, abortion with mutual consent

Respected Lawyers and Members,

We got ExParty Divorce, but 498A and 406 is still pending, FIR done. We both were living together in bangalore, after that she moved to delhi and filed the FIR there. In that FIR my wife has falsely accused me that due to beating/fight she has to abort the baby. But the truth is abortion was our mutual decision. As we didn't wanted the second baby witin 2 years of our 1st child. So we both went to the hospital in Bangalore and consulted the doctor, the doctor siad its too late to abort using medicines, so she advised for operation. We together went to the hosiptal next day around 10 am morning and the operation was done same day and she got discharged around 4pm. I have all the medical bills. The medical bill doesn't says that the abortion was done bcoz of beating/fighting. My lawyer told me not to worry because if there was any beating/fighting case then the doctor must have contacted police before aborting. But this did'nt happend in your case.
Please guide me how to prove my innonce, I need to give my statement to IO in delhi.


 9 Replies

Kumar Doab (FIN)     20 January 2018

The doctor/hospital must be having signed form where you both signed.

Get a copy of IT.

Rest one lawyer has already assured you.

Trust your lawyer to defend you.

2 Like

Kumar Doab (FIN)     20 January 2018

You may approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue matters, having a successful track record, at the station where you want to appear. 

try1684   20 January 2018

Thank you for your reply.

But the abortion happened in 2011, FIR filed in 2015.

Will the hospital still have that copy ?

Kumar Doab (FIN)     20 January 2018

IT may have......

Per MCI rules hospital keeps the record.

And might have even kept record in digital form archives to locate hard copies...easily.


Your own counsel can build on basis of whatsoever copies with you also.

Sachin (N.A)     20 January 2018

Originally posted by : try1684
Thank you for your reply.

But the abortion happened in 2011, FIR filed in 2015.

Will the hospital still have that copy ?



Don't worry hospital will have the record. You can use that as defence evidence. 


N.K.Assumi (Advocate)     21 January 2018

Don;t worry about medical records, as doctors and the nurses maybe still alive. Your query reminds me of classic movie "The Verdict", starring Paul Newman. In that movie after marathon hearing, the nurse was finally traced out by Paul Newman and produced her on the dock, and everything melted away.

Vijay Raj Mahajan (Advocate)     21 January 2018

It's the duty of IO to investigate the registered FIR and collect all relevant documents from the hospital with regards to act of physical cruelty that your wife charged you and seek your prosecution. The hospital record will be collected and studied by the police authority before using it against you and as you say the abortion was done by taking consent of both of you the blame that you forced her for that cannot be proved without sufficient evidence in this regard either from the hospital records or otherwise. As the FIR is registered in Delhi you'll need Advocate here in Delhi to help you in the matter.


If all the work you will do what will your advocate do?

Kumar Doab (FIN)     21 January 2018

If you are not from the state/location where you are being called and have no resources at the same location and are apprehensive and/or apprehend harassment ...............approach a very able senior LOCAL counsel of unshakable repute and integrity and having successful track record in such/Family matters and lean on your counsel !


When whole world is turning faces your counsel stands by you....

Defend your interest and don't leave anything to chances..........

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