Foeticide carried out by wife and her family secretly (Muslim)

Question

Foeticide carried out by wife and her family secretly (Muslim)

22-Sep-2023 (In Family Law)

Without notifying her husband, the wife and her family terminated a pregnancy at her maternal home, which is now being followed by the wife asserting that the husband and his family are not entitled to request medical evidence regarding the pregnancy termination. I would appreciate it if you could inform me whether there is any legal provision that prohibits the husband from seeking medical records of this pregnancy termination.

Answers (1)

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Advocate Arka Banerjee LawRato · Accepted Answer · 2023-09-25T09:26:17+05:30

Answer #1

The Indian Supreme Court on 27th October, 2017 in the case of Anil Kumar Malhotra v. Ajay Pasricha, dismissed a man’s petition who was seeking damages from his wife as she had terminated her pregnancy without his consent. The husband had contended that the pregnancy was illegal as per the Medical Termination of Pregnancy Act (MTP Act) 1971 as the specific consent of the father of the unborn child was not obtained and that the termination was without any medical need. He had filed a suit against his wife, her parents, her brother and the medical practitioner, claiming Rs 30 lakhs as damages for the mental agony caused due to the ‘illegal termination’ which was ‘cruel, illegal and unethical’ according to the husband. If you interested to file legal complaints against your wife then you can contact me.

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Adv. Arka Banerjee Adv. Arka Banerjee

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