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How to deal with abortion by wife w/o husbands consent


26-May-2023 (In Divorce Law)
i m a brahmin i got married last year ,my wife got pregnent and without my notice her parents went to hospital and went for surgery for abortion without my notice. now they are asking for divorce and warning me pay some amount if not they are going to file aganist me and my parents.
Answers (4)

Answer #1
561 votes
File case against your in-laws and your wife as they aborted the child without your permission and you can also file case against doctor and hospital also. You did not mentioned whether you want to give divorce or not.
Answer #2
957 votes
Hello,

The husband’s consent is very much required for the wife in case of abortion because parenthood is a right of the husband and the wife cannot deprive him from his right and doing this will amount to cruelty. The husband can file a case of divorce on the ground of cruelty. You can also check the detailed provisions of legal abortion which are given in the Medical Termination of Pregnancy Act, 1971 wherein Section 3 to Section 5 of this act specify the situation when abortion is permissible. As you are saying that your wife did abortion illegally with the help of your in-laws, you have 6 months of time after knowing about it to book the people responsible for abortion under various IPC sections (S. 312 / 315 r/w S. 34 IPC including booking the medical center where the abortion took place. Act fast within the time ( 6 months from the date of knowing about the abortion) as medical center where the abortion need not preserve records for more than 6 months as per Indian Medical Council guidelines. I hope this helps.
Answer #3
702 votes
Sir,
if you want your wife you can file RCR otherwise you will be in trouble of 498A and dvc. so you can file rcr and get safe side. after filling this they cannot file criminal case even if they file also you will not be in trouble.
Answer #4
732 votes
Dear Client,
Why did they choose for abortion. Is there any dissatisfaction on you on any ground. Why did they give warning for paying some amount. You must depict full picture. Don`t fear. Consult a Legal Expert and put all the matter before him and take appropriate legal advise.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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