• Section 312 and 498a

As we had a love marriage we were living separately . Within 2month she cheated me and she had a affir with another guys I got messages from her mobile and I asked her about the messages she married me for sake of money asked about 50lakhs to leave me .. but she was 2monthe pregnant at that time . She has taken tablets herself to abot . After 2days we went to doctor and doctor has taken our consent sign . We both signed for the DMC and It was done... after that she blackmailed to give 50lkahs ... so I came out from.that house after 10days she lodged complain against me and my family regarding 498a and 312 stated that we had asked 50lakhs dowry and I gave tablets to her for the abotion without knowing that the tablets are abotion pill as she think it is headaches tablets... and the chargeseet is failed same as FIR and submitted to court ... now we are in court bail.... now I had only evidence that she had a sex chat with others guys in messages and in face book ... so I kindly give the suggestions that
1. How to face 498a and 312
2. Is these messages are enough 
3. Doctor submitted the documents to police station that as the abotion already done we had given only treatment to her with the both consent and attached consent copy with signed by us
Asked 5 years ago in Family Law
Religion: Hindu

4 answers received in 30 minutes.

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11 Answers

1) apply for and obtain Anticipatory bail from sessions court 

 

2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

 

3) sex chats help in proving that she was cheating on her 

 

4)further doctor evidence help in proving that abortion was done with wife consent 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Hello,

Bring the doctor into the picture to testify before the court .

You can show the messages to prove extra marital affairs.

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

1. Since it was done on consent of your wife to abort the child the section 312 IPC will not lie. Section 498A IPC has also lost much of its dreaded effect. So in the first course of action apply for bail anticipatory bail and ocne that is done you will get much relief.

2. Yes the messages will help you to get bail.

3. This is not forceful abortion and hence no criminal action would be taken against you.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

You have to prove that this awards and was not illegal and it was properly consented by both parties and in case you have the proof of Identity by your wife then you have to submit all to the court to plead your case in your favour you cannot be arrested but you have to arrange anticipatory bail for yourself in this case in case police officer is favouring your wife then that will save you from any arrest in case you can prove that she is in adultery you will not be liable to pay any maintenance to her and at the same time this will be a basis for filing a divorce petition

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1) Yes, digital electronics data are granted as proper evidence in the court of law.

2) To face against 498a and 312 you have prove that all allegations raised against you and your family are false each and every point.

3) Yes, doctor certificate can be treated as experts report that means you have additional evidence against her.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

The marriage still subsists and you are living separately. The report of the doctor is relevant wherein he he has stated that you both came to him and consented to it although the abortion had taken place.

Cruelty has to be proved by her. You gave her abortion pills forcefully also has to be proved by her.file a criminal revision in the hc in case of ANY adverse judgement.

These messages prove that she was cheating on you and are sufficient.

Regards 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. See since.you both signed with form with doctor same can be bought as evidence along with the messages . Further you have to contest it and cross examine her and her witness thoroughly .

2.message will help.

3. This will help you in the case.that she has falsely accused you in the case and she was herself or with consent aborted.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Basically, you need to collect materials to prove that you did not subject her to any domestic violence and nor did you make any dowry demands and that she has left the matrimonial home on her own violation for her own reasons.

You can also submit her sex chat as a evidence. 

 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

You are in safer zone since she was carrying when married to you. She cheated you for not disclosed earlier affair. You must select an intelligent advocate. Please see section 312 of IPC and it is not applicable to you. Better you file 482 CrPC petition before HC for quashing.

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Section 312 in The Indian Penal Code

312. Causing miscarriage.—Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprison­ment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

1.  You may challenge her false allegations in the trial proceedings based on the documentary evidences in your possession. 

2. It depends on how smartly you extract information on the basis of the messages you possess in the cross examination.

3. This may be a strong and supporting evidence in your favor.

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

You can cross examine her on false facts stated in the FIR and chargesheet. Yes you can confront her with that messages. You can file cases against her for false prosecution,  Defamation,, false FIR, and compensation after your acquiittal.

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

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