false498a (unemployed) 09 October 2014

Abortion 313 ipc added at the time of arrest notice

Dear Expert,

My wife filed FIR for 498a,406, 34 and later i got arrest notice of 313 IPC for abortion.

In her FIR she mentioned the abortion has been done without her knowledge and even she was not aware about pregnancy. And Mother in law came to aborad later after abortion.

Actual truth :- We both were in abroad when she got pregnant . The doctor stated that baby growth is not as per weeks and once day she got bleeded and I call my MIL to my place on immediate basis . I have medical bills of medicines and signed D&C by her. Me , my MIL and my wife went on that day we all went to doctor. The doctor mentioned in his report . the symtom is " acute v**ginal bleeding".

After 3 months she came to india and later after i also came here in India. Now in indian hospital when she made checkup doctor mention "spontaneous abortion of 8 weeks"

KIndly advice in this matter i got interim bail not AB yet?

thanks

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5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 09 October 2014

fight the case on merit, you may get the bail.

no need to worry, faith on your advocate too.

Laxmi Kant Joshi (Advocate ) 09 October 2014

In 313 ipc she have to prove that she was not aware of her abortion you had got done it without her consent , you have the prescripttion cum advice of a doctor therefore no need to worry , exhibit it before the court you will easily get the AB .

prakash chandra jain (proprietor.) 09 October 2014

dear. so far as notice of adding offence u/s 312 oe 313 ipc is concerned,there should be evidence that this act is done not in good faith to save the life of your wife but to rid of pregnancy. you are liable to be prosecuted.as you have mentioned that she bleeded automatically for her bodily condition,you should prove during trial. but you should avoid it. you try to get your bail confirmed.-prakash chandra jain advocate indore. free consultations on-09826779759.

prakash chandra jain (proprietor.) 09 October 2014

it should be read-you should not avoid it. not dropped.

false498a (unemployed) 09 October 2014

Dear All,

I really thankful to all with prompt replies. Does this word " Spontaneous abortion " is helpful becasue when i google it shows natural cause of misscarriage It is mentioned in indian hospital medical report .

Again thanks for your prompt suggestion .