Dhananjay Kottu
Asked April 05, 2017

Wife aborted baby without husband's consent for property

  • 1 Answer

Sir my wife has done abortion of baby almost 2.5 to 3 months baby and although it's without my constent / permission she had done this abortion by making someone else standing as husband. This was done only for property ss she was asking to register half of property on her name and we are legally married and had proper certificate of marriage. I want to know does she have such rights to do so and without husband's permission? In this, her entire family is involved and I am having proofs of pregnancy and some recordings in which she is clearly saying that she will do abortion if husband doesn't give me house. Please advice how should I process further as I had already given written application at respective police station.

Answer 1




Dear Sir/madam,

For that person who knowingly stood there as fake husband to your wife can be booked under Section 416 of The Indian Penal Code which says Cheating by personation[1] i.e. knowing the consequences of his act, he acted as the husband of your wife in your absence. You can lodge a police complaint separately in his name (F.I.R.) – fearing which he will testify to the wrongdoings of your wife. As he was an accomplice to the criminal act. A criminal case can also be filed directly before the magistrate claiming the above section 416.

As a part of evidence, you can call in the court – the written testimony of the wife (saying that she is willing to undergo medical termination and know the consequences of it) and the testimony / opinion of the medical practitioner (performing the operation). The testimony of the doctor should explicitly say that he/she did so, in good faith and having knowledge that continuance of pregnancy involves a risk to the life of pregnant woman or of grave injury physical or mental or simply that the pregnancy was unwanted.

There is a case law also, to this effect : D. Rajeswari Vs State Of Tamil Nadu And Others – court said that the termination of pregnancy is valid on the reason that the pregnancy was unwanted and was making the woman mentally ill (3 months pregnant).

However, the ultimate conclusion of all these exercises is that the woman has the absolute right to get the pregnancy terminated on citing the reason of unwanted pregnancy. This happens on the sole written testimony of the wife and wife alone. No need of the husband or the family. Because the law also provides for their absolute right under Section 3 of The Medical Termination Of Pregnancy Act, 1971.


[1] A person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Agree Comment 0 Agrees over 3 years ago

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