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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
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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Adv. Ishan Parashar
Delhi | 200+ Answers
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Since your wife voluntarily left the house and got the abortion done with her own consent, Section 313 IPC is not attracted. Her later complaint under Sections 498A and 313 appears false and lacks the basic ingredients of these offences. As no FIR has been registered, you cannot be prosecuted at this stage. You should file a written representation before the police stating these facts and request that no FIR be registered without inquiry.
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Adv. Nikhil Karwal
Delhi | 25+ Answers
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Under Indian law, abortion is governed primarily by the Medical Termination of Pregnancy (MTP) Act. If a pregnancy is terminated with the woman's consent and by a registered medical practitioner within the legal time limits and conditions of the MTP Act, it is not a criminal offence. In such a situation, neither the woman nor the doctor is prosecuted.
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Regards
Amit Antil
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Adv. Amit Antil
Delhi | 5+ Answers
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Yes definitely she will be provided such abortion is necessary for safeguarding her health. For precise advice detailed analysis of your case is necessary. Such analysis will help in advising appropriate recourse to you.
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Adv. Harshit R Gupta
Delhi | 25+ Answers
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