• My wife is planning to file a forced abortion case on me

Dear Sirs,
My wife has undergone abortion twice due to Medical Issues. The first was as per the advise of the Gynecologist, as my wife was affected with Chicken Pox simultaneously, the doctor told that it would be risky to carry on with the pregnancy and it was terminated through Pills (4th week of Pregnancy).  The second one was when the bleeding started automatically and the doctor said that the pregnancy is lost and she has to undergo minor procedure to clear up the left out pieces.
In both the cases we both have signed the Consent Form in the hospital.
Now that we had a fight and she wants to avenge me, she is planning to file false complaints against me and my parents.
Please guide me how to defend myself against this and how can i prove that the abortion was out of Medical situation and Mutual Consent and not a Forced One.
Can I get Anticipatory Bail to avoid arrest. 
Should I gather evidence (Consent Letter/ CCTV footage of Hospital etc)
Thank You
Asked 5 months ago in Criminal Law from Hyderabad, Andhra Pradesh
Religion: Christian
Hello,

Yes you can file AB.
Procure the copy of the consent form.
Get an affidavit from the Doctor and also get back the medical prescriptions.
Do not worry such false cases do not sustain for long and are just used for just harrasing the other person.

Regards 
Anilesh Tewari
Advocate, New Delhi
9282 Answers
120 Consultations

5.0 on 5.0

Forced abortion is the situation which can be difficult for you but in case the FIR is made you need to arrange bail to avoid arrest.
The abortion should be proved that it was forced and medical record should prove that.
In the first case it could be OK due to chicken pox but in the second case may be an issue.
Please make sure that the medical records are OK to prove your innocence and the documents available in the hospital are intact.
If possible please stop her to take this extreme step because this will break your family.
Vimlesh Prasad Mishra
Advocate, Lucknow
2087 Answers
3 Consultations

4.9 on 5.0

Take the medical records and use it as evidence.To solve the problems  In matrimonial issues, the best way is proper communication . When false case lodged then only can think about an anticipatory bail. Now try to settle her misunderstandings .A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships. 
Ajay N S
Advocate, Ernakulam
2818 Answers
47 Consultations

5.0 on 5.0

Yes gather Evidence and file anticipatory bail application in the said matter. Show to the court that she has threatened you to rope in false abortion case. Gather her chats & calls with you if possible threatening you for the same. You will get anticipatory bail in the matter.
Prashant Nayak
Advocate, Mumbai
2741 Answers
2 Consultations

4.8 on 5.0

1) gather evidence of consent letter given by wife for abortion 

2) rely upon  gynecologist  written opinion advising abortion 

3)even if false FIR is filed police would issue you notice to record your statement 

4)you can then apply for and obtain bail 
Ajay Sethi
Advocate, Mumbai
46712 Answers
2763 Consultations

5.0 on 5.0

1.Her signature on the consent form as wellas report of the treating doctor is enough proof .
2. If the prescriptions reflects your versions which is very likely then she can not allege forceful termination of pregnancy.
3.Getting anticipatory bail in marital violence is easy.
4. Yes, get consent form but you can not have CCTV footage.
Devajyoti Barman
Advocate, Kolkata
13135 Answers
174 Consultations

5.0 on 5.0

Respected sir ...
For proving that you forced her for abortion twice firstly she need a number of proff which can show you that you forced her for that ...
She will herself implicate in this case because she have to prove abortion and then abortion is done with force ...It seems quite impossible that abortion can be done twice and without consent of her ...In your case doctor play a crusal role so take of that ...And collect as much evidence as you can ....That will help you throughout the case..

Thank you
Dinesh Sharawat
Advocate, New Delhi
736 Answers
3 Consultations

4.9 on 5.0

1. If she files a criminal case against you then she will have to prove her case through evidence. A mere complaint does not suffice.

2. If and when the FIR gets filed then apply for and obtain anticipatory bail. 

3. Police will collect CCTV footage during investigation, hospital wont give you.
Ashish Davessar
Advocate, Jaipur
23120 Answers
640 Consultations

5.0 on 5.0

Dear User

Noted contents of your post.

Straight away you collate the relevant documents and/or information i.e., certified copies of consent letter, discharge summary, prescription, diagnostic test reports etc., from Hospital, if you can obtain CCTV footage, yes you get it.

In case if you have any difficulty in obtaining the same from Hospital, you may request them to provide the relevant certified copies by making an application under RTI Act. 

Further more, if your wife goes to create trouble she has to prove her case beyond reasonable doubt of one and all.

Meanwhile, you gather as much information and documents as possible to support your case and be ready to face the unexpected.

As far as AB is concerned, it cannot be given on apprehensions. 

Good Luck.
S Srinivasa Prasad
Advocate, Hyderabad
265 Answers
3 Consultations

5.0 on 5.0

Hi
Yes you should be ready with the cctv footage, consent letter and also contact the hospital staff. 
You may not be arrested, and decision about anticipatory bail can be told only after the FIR has been filed against you. Once the FIR is filed then only you should opt to file for AB. 
Thank You
Rahul Jatain
Advocate, Rohtak
830 Answers
2 Consultations

4.9 on 5.0

Please start gathering the documentary and video evidence from the Hospital and if required you may have to take the opinion of  the doctor who conducted the abortion.

as per the facts mentioned by you no complaints is registered on you and your family so far.

If she files a complaints may have to be prepared to prove your case.
Rajashekar
Advocate, Bengaluru
552 Answers

4.8 on 5.0

There's no automatic arrest in matrimonial cases anymore and hence, filing anticipatory bail is not imperative.

At any time she lodges any case(matrimonial) against you on the strength of totally false and concocted allegations, you may take your chance by assailing the said case(s) before the High Court. 

Yes, since you will need evidence in your support, it is important that you start gathering the same. 
Vibhanshu Srivastava
Advocate, New Delhi
5758 Answers
71 Consultations

5.0 on 5.0

You need to have the evidences such as consent letter of hospital.
Yes you can have anticipatory bail in these matter so that you will be prepared and plan for the fighting the matter.
Laksheyender Kumar
Advocate, Delhi
718 Answers
2 Consultations

4.8 on 5.0

Hospital records would substantiate your plea.
Also, if it is miscarriage due to injury, then she should have filed a complaint instantly and informed to the hospital.
Hospital records should prove your innocence.
All of you get rid of worry, be happy.
Rajaganapathy Ganesan
Advocate, Chennai
1113 Answers
4 Consultations

4.9 on 5.0

Dear,
      Ofcourse, the evidences will play a vital role in the court and support your case that you are innocent. Try to collect all the evidences related to the issue for your defence. As far as Anticipatory Bail is concerned if you have good evidences then you can definitely get the bail.
C Vikram Chandra
Advocate, Hyderabad
6 Answers
12 Consultations

4.0 on 5.0

do you have the copy of consent form you two signed ? if yes, then produce that in court to get anticipatory bail or even quash the case.  if no, then ask the hospital authority to provide a copy.
Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

Why are talking about anticipatory bail so soon?
Whether she lodged any criminal complaint against you i this regard, i.e., whether she has lodged a complaint that you forced abortion on her?

If so, what prevented her from not making a complaint  at that time itself, dont worry she cannot make any complaint on that issue, but she may file a criminal complaint for dowry harassment for which you may have to obtain AB.

You can secure the medical records by which you can try to defend your interests during the trial proceedings. 
T Kalaiselvan
Advocate, Vellore
36859 Answers
403 Consultations

5.0 on 5.0

You can challenge the jurisdiction in the court.
It will not effect your job during trial. As its only a allegation nothing proved against you.
Prashant Nayak
Advocate, Mumbai
2741 Answers
2 Consultations

4.8 on 5.0

Jurisdiction would be at Karnataka as abortion had taken place in Karnataka  

Apply for and obtain Anticipatory bail from sessions court in case false cases are filed against you 
Ajay Sethi
Advocate, Mumbai
46712 Answers
2763 Consultations

5.0 on 5.0

Certainly the complaint against you will impact on your job as well.

In cases like this the Andhra Pradesh court can register complaint and issue warrant. It is up to you to fight on jurisdiction and as well as on merriest of the case. 
Rajashekar
Advocate, Bengaluru
552 Answers

4.8 on 5.0

Let she file any case anywhere.

You secure the documentary evidences for the incidences that took place and can challenge her cases properly.

You can challenge her case even on the jurisdictional point of view too.

You can obtain anticipatory bail and challenge her cases in the trial court properly
T Kalaiselvan
Advocate, Vellore
36859 Answers
403 Consultations

5.0 on 5.0

Jurisdiction shall not come into right in light of section 172 of the Cr.P.C.
The case can be tried at Andhra Pradesh also. 
It is a family dispute, and therefore the same will not have any negative impact on your job.

Regards 
Anilesh Tewari
Advocate, New Delhi
9282 Answers
120 Consultations

5.0 on 5.0

Hi
There will no dispute regarding the jurisdiction here.
As the complainant is a female.
There will be no adverse effect of this matter on your job.
Thank You
Rahul Jatain
Advocate, Rohtak
830 Answers
2 Consultations

4.9 on 5.0

1. The FIR has to be read to see how your wife has created jurisdiction of the concerned court in AP. If no offence or a part thereof, according to the FIR, has been committed in AP then you may file a petition for quashing of FIR.

2. Consult a lawyer with a copy of FIR.
Ashish Davessar
Advocate, Jaipur
23120 Answers
640 Consultations

5.0 on 5.0

Normal Tears and wears happens in every ones  family life . So never weigh the life with sorrows and egos. Try to settle the matter amicably. The medical records can help your innocents . So collect the records from hospital. Try to settle the things with good friends or close relatives...
Ajay N S
Advocate, Ernakulam
2818 Answers
47 Consultations

5.0 on 5.0

This will not affect your job, as long as you are not arrested for over 48 hours at a stretch.

In any case, this has no bearing with the discharge of your official duties.  
Vibhanshu Srivastava
Advocate, New Delhi
5758 Answers
71 Consultations

5.0 on 5.0

Dear User
Due to festive season the delay in replying to your post.
The issue of Territorial Jurisdiction will be applicable.  However, before giving final opinion, the contents of the complaint needs to be perused, as to how and based on what reasons she lodged the complaint at AP.
Since you have documentary proofs with you, it may not have any adverse effect on your Job.   
More particularly it is your personal issue.
Good Luck
S Srinivasa Prasad
Advocate, Hyderabad
265 Answers
3 Consultations

5.0 on 5.0

Hi, 
After having so many advices, it is added that you gather sufficient evidence. Take the anticipatory bail and defend the case strongly. 
Ganesh Singh
Advocate, Delhi
1028 Answers

4.0 on 5.0

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