Few days back we had a post on how to file a case on police or magistrate if you get arrested in 498a and today we would be talking about situations wherein, wife has aborted without husband’s consent and trying to hide the abortion. My friend is a victim of this. They were having a good life in Bangalore and one fine day his wife conceived. They were happy about it and informed their parents. After few days his wife insisted on abortion without any reason and when he said a BIG no because everyone was informed. She called her mother and they tried everything to abort the child. When she realized that abortion in Bangalore is not possible she went to her native place and one fine day my friend came to know that they have aborted.
When my friend asked for abortion papers he came to know that there is no paper processed and nursing home people said that she was pretty fine. My Friend wanted his life to come back on a track where they can again resume to normal life and he forgot everything and got her back to Bangalore. After few days she again went to her native and filed a 498a against my friend and his parents after 8 months of leaving his house. If he was aware of this he could have easily filed a case on his wife.
How to File Police Case Against Wife if She Aborts Without Husband’s Consent
Now to file a case on your wife you would need to be confirmed about few things,
- Make sure you do not want her back after making sure that your married life is over and it is not going to work out.
- Do have all the papers of proof for her pregnancy.
- You would need to get a letter from the hospital that they were not involved in any pregnancy. Mostly small hospitals and nursing home abort without any papers for few thousand of rupees.
- If you see a 498a coming this would be very helpful for you so do not hesitate.
How to File Police Case Against Wife
Now you would first need to go to police and ask them to write FIR. if they deny then quickly go to to assistance commissioner or office of commissioner and tell him about the situation. This is an easy way and if you feel police is not helping you then head to court and ask your lawyer to file an application against your wife. You may ask him to use below sections.
Sections of IPC Which Can be filed on Wife
315. Act done with intent to prevent child being born alive or to cause it to die after birth.—Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
Causing death of quick unborn child by act amounting to culpable homicide.—Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
Concealment of birth by secret disposal of dead body.—Whoever, by secretly burying or otherwise disposing of the death body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
This way you may frame your wife if she kills your unborn child.