Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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dns (mo)     29 January 2013

Wife done abortion without husband info

my wife living living at parental home due to fight with me .after two months of separation she sms to me that she had got her baby aborted ...(i had no info whether she was pregnent at that time )

now after 3 months she has filed case for harrasment...

can i make  case that she had got an abortion without my consent (Proff sms and phone call ) or if she was not pregnant she sms me so that i shoud get mentally disturb(mental cruelity )



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 10 Replies

DISHA D. SHAH (lawyer)     29 January 2013

there is mother's right of abortion

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     29 January 2013

WHAT M/S. DISHA . D. SHA HAS STATED IS CORRECT EVEN 20 YEARS BACK . WIFE CAN ABORT THE CHILD WITHOUT HUSBAND'S CONSENT . BUT SOME GOOD DOCTORS DON'T DO THAT WITHOUT HUSBAND'S CONSENT . THIS IS NOT AN OFFENCE .- JOSEPH WILFRED - 29/01/2013 AT 23.51 HRS.

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(Guest)

If not reasnable grounds for at nce abortion  than its cruelty against Husband.

DISHA D. SHAH (lawyer)     31 January 2013

Originally posted by : R. K. Prajapati

If not reasnable grounds for at nce abortion  than its cruelty against Husband.
 

what??  there is totally woman' rignt birth to her child or not

dns (mo)     31 January 2013

wife is tourturing me like anything ...

first she left the home herself(she herself has mentioned in petetion)  ,then filed a case rcr9 and maintenence .

before that she did sms to me that she was pregnent  (i dont have any confirmed report )and she has gone through abortion since she didnt had any job+i left her company(she is a post graduate and  working).

she even get to know that i was in hospital for mental breakdown ,because of her  mental tourture on one point or the other and also that i am suffering from depression  and is on treatment.

 

As far i know ---doctor cannot do abortion if a lady is married and is not divorcee. 

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     01 February 2013

 I AM AGAIN REPEATING THAT WHAT DISHA.D.SHAH IS TELLING IS EXAXTLY CORRECT . IN THIS NOT ONLY LEGAL LAW IS INVOLVED BUT THE LAW APPLICABLE TO DOCTORS AS PER THE DIRECTIONS OF THE MEDICAL COUNCIL OF INDIA IS ALSO INVOLVED . WITHOUT THE PERMISSION OF THE HUSBAND THE WIFE HAS EVERY RIGHT TO ABORT THE CHILD WHETHER THERE IS QUARREL ARE NOT . THAT IS WOMEN'S RIGHT AND EVEN THE HUSBAND HAS NO AUTHORITY TO GET INVOLVED IN THAT .BUT NORMALLY GOOD WIFE'S DON'T DO THAT . ONCE UPON A TIME ABORTION MUST BE DONE FOR WHICH THE HUSBAND HAD TO SIGN . THOSE DAYS ARE GONE . EVEN 25 YEARS BACK THE WIFE HAD THE RIGHT TO GET THE CHILD ABORTED WITHOUT THE PERMISSION OF THE HUSBAND . ONLY IF THE WIFE TELLS THE HUSBAND THAT SHE IS PREGANANT AT THE FIRST MONTH ITSELF , THEN HOW CAN THE HUSBAND KNOW THAT SHE IS PREGNANT . I DON'T WANT TO ELABORATE ON THIS SUBJECT .-JOSEPH WILFRED - 01/02/2013 AT 22.27 HRS.

1 Like

manoj (designer)     02 February 2013

there certain rules to abort the baby how many weeks your wife was pregnant if its more than 20 weeks she have no authority to abort the child even if her health is low check out a recent news paper of tamilnadu rape case

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     02 February 2013

NO DOCTOR WILL ABORT THE CHILD IF THE PREGNENCY IS 20 WEEKS . IN THAT CASE MOTHER'S LIFE WILL BE IN DANGER IF THE DOCTOR GOES IN FOR ABORTION . SO THE DOCTOR HAD TO GET THE CONSENT OF THE HUSBAND TO ABORT THE CHILD NOT BY NORMAL METHOD OF ABORTION BUT BY SOME ADVANCED METHOD OR BY OPERATION . EVEN IN SUCH A CASE MOTHER'S LIFE WILL BE IN DANGER . SO THE DOCTOR WILL DO IT ONLY IF THAT CHILD HAD SOME DEFORMATIES IN THE GROWTH WHILE IT IS IN THE MOTHER'S WOMB. EVEN THAT THE DOCTOR WILL DO ONLY IF BOTH HUSBAND AND WIFE INSISTS THAT THE CHILD WILL SUFFER INCLIDING THE PARENTS IF THAT CHILD IS BORN WITH DEFORMATIES .THIS IS ACCORDING TO MEDICAL LAW .-JOSEPH WILFRED-  02/02/2013 AT 22.07 HRS.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 February 2013

I do agree with the views of Mr. Joseph.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     02 February 2013

Dear M/s. RAKHI BUDHI RAJA

                                                        THANKS FOR THE COMPLIMENTS AND AGREEING WITH MY COMMENTS . WHY I DON'T QUOTE THE LAW AND NARRATE ONLY THE INCIDENTS IS THAT THE QUERRIST MUST KNOW HOW THE FUNCTIONING OF THE COURT IS AND TO EDUCATE THEM NOT IN LAW BUT THEY SHOULD NOT LOOSE THEIR PEACE OF MIND AND THEY WILL SPOIL THEIR HEALTH AND LAND IN DEPRESSION AND OTHER HEALTH RELATED PROBLEMS -JOSEPH WILFRED - 02/02/2013 AT 23.49 HRS


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