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Krish   04 February 2016

Punishment for doing abortion for wife?

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



 13 Replies

SuperHero (Manager)     05 February 2016

Originally posted by : Krish
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

May Be Lawyers can throw some light on this..Here is some links...

https://en.wikipedia.org/wiki/Abortion_in_India

https://india.angloinfo.com/healthcare/pregnancy-birth/termination-abortion/

Termination of Pregnancy and Abortion in India

Information on who can seek an abortion in India and the procedure involved…

Abortion has been legal in India since 1971, when the Medical Termination of Pregnancy Act was passed. The law is quite liberal, as it aims to reduce illegal abortion and maternal mortality.

An abortion can be performed in India until the 20th week of pregnancy. The opinion of a second doctor is required if the pregnancy is past its 12th week.

The Medical Termination of Pregnancy Act was amended in 2002 and 2003 to allow doctors to provide mifepristone and misoprostol (also known as the “morning-after pill”) on prescripttion up until the seventh week of pregnancy.

An abortion is permitted in the following cases:

  • A woman has a serious disease and the pregnancy could endanger her life

  • A woman’s physical or mental health is endangered by the pregnancy

  • The foetus has a substantial risk of physical or mental handicap

  • A woman contracts rubella (German measles) during the first three months of pregnancy

  • Any of a woman’s previous children had congenital abnormalities

  • The foetus is suffering from RH disease

  • The foetus has been exposed to irradiation

  • The pregnancy is the result of rape

  • A woman’s socio-economic status may hamper a healthy pregnancy

  • A contraceptive device failed

Permission

  • If a woman is married, her own written consent is sufficient. Her husband’s consent is not required

  • If a woman is unmarried and over 18, she can provide her own written consent

  • If a woman is unmarried and under 18, she must provide written consent from her guardian

  • If a woman is mentally unstable, she must provide written consent from her guardian

 

1 Like

Krish   05 February 2016

Thank you so much Renuka Madam for the reply. Due to financial problems, we had to go for abortion. She and I did not sign in hospital.The doctor just took oral statement from her and did abortion. Per your reply, looks like the situation is out of my hand as its done illegally.So I am so scared now. However, I have video recording of her consent for abortion. Please let me know it cant save in any manner.

Krish   05 February 2016

Thank you so much Renuka Madam for the reply. Due to financial problems, we had to go for abortion. She and I did not sign in hospital.The doctor just took oral statement from her and did abortion. Per your reply, looks like the situation is out of my hand as its done illegally.So I am so scared now. However, I have video recording of her consent for abortion. Please let me know it cant save in any manner.

Krish   05 February 2016

Thank you so much Renuka Madam for the reply. Due to financial problems, we had to go for abortion. She and I did not sign in hospital.The doctor just took oral statement from her and did abortion. Per your reply, looks like the situation is out of my hand as its done illegally.So I am so scared now. However, I have video recording of her consent for abortion. Please let me know it cant save in any manner.

Krish   05 February 2016

Thank you so much Renuka Madam for the reply. Due to financial problems, we had to go for abortion. She and I did not sign in hospital.The doctor just took oral statement from her and did abortion. Per your reply, looks like the situation is out of my hand as its done illegally.So I am so scared now. However, I have video recording of her consent for abortion. Please let me know it cant save in any manner.

Krish   05 February 2016

Thanks again Renuka Madam for quick reply. Like you said, I came to know that I behaved stupidly. I went and asked her to come back with me two weeks ago.She refused to come and she wants go with all possible cases DV,498A etc on me. So nothing except Video Recording is left to me to prove in abortion issue.In case of other allegations, I beleive I can prove my innocence. So I would like to know if this recording can't be proof for me

Vijay Raj Mahajan (Advocate)     05 February 2016

 

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.

1 Like

Adv.Yashwardhan Tiwari (Advocate IPR Associate )     05 February 2016

Dear, 

 

 

             First of all video of consent is only referal evidence and it need to be put by her words in evidence. Still you check with doctor record if she had taken written consent then the chance of case is zero. If not than prima facie it is case.

 

Best Wishes,

Adv.Yashwardhan

9711787139

1 Like

Krish   05 February 2016

Thanks Vijay Raj sir and Yaswardhan sir for your detailed replies.

Krish   08 February 2016

Hi All,

After mediation with my wife,  I was told that she did not want to go with settlemet and she just wanted me/my family to put behind the jail bars by filing 498A case using this abortion a a weapon.

In actual, there are no medical records and no witness to prove that she had DNC which was happened in June'2015.

After leaving to her mother's home in Nov'2015, looks like they have got some medical reports from some other hospital to prove that she had undergone DNC. I am not sure if it's really possible to some other doctor to do check-up and give the report that she had undergone DNC.

So could you someone help me how I can get out of this problem?

Vijay Raj Mahajan (Advocate)     08 February 2016

No other doctor after 6 months give certificate about dnc that was done in June 2015. It's not medically possible. Any false certification can put such doctor in trouble.
1 Like

Krish   08 February 2016

Thanks for the replies Vijay Raj sir and Renuka ji!!

@Vijay Raj Sir,

As DNC happened in June'2015, it was only 5 months when they visited doctor in Nov'15. It's not beyond 6 months. So I thing I can't  do anthing.

 

@Renuka ji,

We got married in June'2014.Due to bad financial condition, we had to go for MTP. She agreed that time.

Later, she had started quarreling with me for every small thing and finally left to her mother's home in Nov'15. Her mother completely changed her mind.Her mother is aggressive and dominent  kind of attitude in nature. So is my wife as well.

b.goheel   23 February 2016

Due to financial problems, we had to go for abortion.
sympathy with both u fr the unwilling decision fr financial problem.
believe report before this operation, operation and its medicine is free of cost.

She and I did not sign in hospital.The doctor just took oral statement from her and did abortion.
in hosp. if i m not mistaken doc only inform and staff give guidance to complete formalities of filing form. so may i take seldom to believe tht both of u hv valid reason not to complete formalities tht convince the doc as well staff to carry the operation on their own risk


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