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Can I abort my child when my husband not ready to take responsblity


11-Apr-2023 (In Family Law)

my in laws don't want me to stay with my husband.my husband is not standing for the rights and duties towards me. They mentally torchered me. Now I am 2 months pregnant. And my husband is not talking to me as his parents are not allowing.is it possible to do abortion? If we later file this case in woman cell or court.my health is deteriorating day my day.what should I do?

Answers (4)

Answer #1
718 votes
Yes a complaint can be filed on yr behalf in women cell, they will call yr husband & if he doesnt discharge his marital duties towards u then I will get FIR u/s 498A/406 registered against him & other people involved with him in causing u harassment & later on everything will be ok with u.
Answer #2
659 votes
In case your husband does not want to take the responsibility of the child, you can get the child aborted. Also, as your health is deteriorating, you can get the child aborted as no doctor also allows the pregnancy to proceed in case it is fatal to the life of the woman. This is a law mentioned in the Pre-Natal Diagnostic Techniques Act, 1994.
Answer #3
865 votes
Indian law allows abortion, if the continuance of pregnancy would involve a risk to the life of the pregnant woman or grave injury to her physical or mental health.

Abortion was being practised earlier by many. Because it was illegal, it was practised in a clandestine manner. The passing of the Act made medical termination of pregnancy legal, with certain conditions for safeguarding the health of the mother.

Abortion is severely condemned in Vedic, Upanishadic, the laterpuranic(old) and smriti literature. Paragraph 3 of the Code of Ethics of the Medical Council of India says: I will maintain the utmost respect for human life from the time of conception.

The Supreme Court has said that the right to privacy is implicit in Article 21 of the Constitution and a right to abortion can be read from this right.

The Medical Termination of Pregnancy Bill was passed by both the Houses of the Parliament and received the assent of the President of India on 10th August, 1971. It came on the Statute Book as the "The MTP Act, 1971". This law guarantees the Right of Women in India to terminate an unintended pregnancy by a registered medical practitioner in a hospital established or maintained by the Government or a place being approved for the purpose of this Act by the Government. Not all pregnancies could be terminated.

Section 3 of the said Act, says that pregnancy can be terminated:
(1) As a health measure when there is danger to the life or risk to physical or mental health of the women;
(2) On humanitarian grounds - such as when pregnancy arises from a sex crime like rape or intercourse with a lunatic woman, etc. and
(3) Eugenic grounds - where there is a substantial risk that the child, if born, would suffer from deformities and diseases.
Answer #4
624 votes
Dear Maam

You can get the abortion done till 12th week of pregnancy. There after abortion is legally not allowed. Please consider all your options before taking any such steps.
Please feel free to revert back in case you need any clarification.
Regards

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