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FALSE case 498a with 313 false we have video when she lefthomeon 28


22-Jan-2026 (In Divorce Law)
My wife left house with 4 week pregnancy happy on 28 but on 29 with influence of mother got aborted with consent after 2 month filed 498 with 313 with no complaint no fir after complaint we find she has aborted will she be prosecuted
Answers (5)

Answer #1
578 votes
Hi there, if the case is bogus as you are claiming then you'll have to state all the facts in the reply you file in court and hire a lawyer to convince the court regarding the same. Once you convince the court that the whole case is bogus and without any supporting evidence for the allegations you can demand the court to prosecute her and additionally file a case for malicious prosecution. It's advisable to contact me and provide requisite details to provide you with an appropriate strategy.
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Advocate Ishan Parashar

Adv. Ishan Parashar

LawRato Delhi | 200+ Answers
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Answer #2
759 votes
As you go through the provision, cruelty on account of the husband is one of the main ingredients for its applicability. In absence of which, it can not be taken as a ground. In this situation, as you stated, that the offence took place attributable to the mother of the wife. You are on the safe side. Your wife can still be prosecuted if it came to light that the abortion was done with her free will in absence of any external pressure.
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Advocate Aditya Kumar

Adv. Aditya Kumar

LawRatoDelhi | 25+ Answers
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Answer #3
567 votes
In your case there are multiple facts and circumstances involved, for that we need to analyze all the involved facts and circumstances of the case. And then only we can provide a specific resolution of your queries. You can connect with us for a detailed discussion about the case.
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Advocate Avinash Gaur

Adv. Avinash Gaur

LawRatoDelhi | 5+ Answers
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Answer #4
891 votes
If abortion was done with her consent by a registered doctor within MTP Act limits, no prosecution lies. Filing 498A/313 alone won’t help unless forced miscarriage is proved by medical and legal evidence.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoDelhi | 50+ Answers
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Answer #5
824 votes
A woman has autonomy over her pregnancy and, where an abortion is carried out in accordance with law (including at an early stage such as four weeks), it ordinarily does not invite criminal prosecution merely because the pregnancy was terminated. That said, the manner in which the abortion was used to cause you harm, coupled with the surrounding conduct and the overall pattern of behaviour, can be pleaded and relied upon to demonstrate mental cruelty and mala fides in defending the proceedings initiated by her, including under Section 498A IPC. Independently, we can also evaluate appropriate civil and other legal remedies for damages and monetary compensation arising from mental and emotional cruelty, on the basis of the complete factual record and supporting material. Please contact me so I can review the chronology, communications, and documents, and advise the most effective course of action in your matter.
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Advocate Pragati Srivastava

Adv. Pragati Srivastava

LawRatoDelhi | 25+ Answers
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