2+ Lawyers are online
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.
Helpful?
Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
Chat
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.
Helpful?
Adv. Nikhil Karwal
Adv. Nikhil Karwal
Delhi | 25+ Answers
Chat
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.
You Can Contact for more advice
Regards
Amit Antil
Helpful?
Adv. Amit Antil
Adv. Amit Antil
Delhi | 5+ Answers
Chat
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.
Helpful?
Adv. Harshit R Gupta
Adv. Harshit R Gupta
Delhi | 25+ Answers
Chat
In response to your query regarding the charges under Sections 498A and 313 of the IPC following your wife’s elective abortion, it is important to understand the legal protections surrounding medical termination in India. Under the Medical Termination of Pregnancy (MTP) Act, a woman has the legal right to terminate a pregnancy up to 20 weeks with the consent of a registered medical practitioner, and notably, the husband’s consent is not a legal requirement for this procedure. Therefore, if the abortion was performed by a qualified doctor under these legal parameters, she likely will not face prosecution under Section 313 (causing miscarriage without woman's consent), as that section is typically invoked against those who force an abortion upon a woman, not the woman herself exercising her reproductive rights. Regarding the Section 498A (cruelty) charge, while you may feel the abortion was used as a tool for harassment, the court will look for specific evidence of domestic violence or dowry demands; if her claims are proven false or retaliatory after a voluntary abortion, you may move to quash the FIR by presenting medical records that demonstrate the procedure was consensual and legal.
Helpful?
Adv. Atul Vasisht
Adv. Atul Vasisht
Delhi | 25+ Answers
Chat
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.
Connect with top
Divorce lawyers for your
specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
