Community › Forums › Legal Advice India › Laws against abortion
- This topic has 49 replies, 22 voices, and was last updated 1 year, 4 months ago by
Kanaklion76.
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UUser_cbd77aec
PARTICIPANT
February 5, 2025 at 9:49 pmUsing a throwaway account because of obvious reasons.Me and my wife of 2.5 years have been separated for a year and I found out she has had multiple affairs (6 that I know of and have whatsapp chats confirmation) since we separated. She also had an abortion 6 months into our separation. Her family is unaware of her doings since she was staying in a rented home.
I know the date and place where she did the procedure done and tried talking to the Doctor to provide her reports but the doctor denied stating she can’t provide the reports for abortion. I approached her through her friend who signed as a guardian with her for the procedure.
I don’t want to take the legal route yet because I want to negotiate the divorce settlement outside of court using these reports as an evidence of infidelity. I really need these reports since this will be a documented evidence which will hold in the court if push comes to shove. We haven’t filed any cases against each other yet.
What can be my course of action to get the reports without my wife getting to know about it? Also, kindly enlighten me with the laws of abortion for both single and married women if she needs any consent of her husband or if he needs to be informed etc.
Kindly help.
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UUser_d675f4b0
PARTICIPANT
February 5, 2025 at 10:08 pmWhy don’t you get a court order directly. Consult a real lawyer for advice.-
MMegamaster2414
PARTICIPANT
February 5, 2025 at 10:18 pmTake your pick imaginary law degree to WhatsApp University and stop peddling your ignorant advice as if you know something about law in general and family law or on abortion.-
UUser_d675f4b0
PARTICIPANT
February 6, 2025 at 12:05 amInteresting to know that someone who is close to being a senior citizen in India does not have a gas connection from Indane and has to buy private gas.
Why would that be the case? Are you illegally staying in India with no documents required to get a gas connection? -
UUser_cbd77aec
OP
February 6, 2025 at 3:00 am“As they should be”. She got pregnant from a random guy at her work and I can’t do anything about it.-
UUser_cb4f541c
PARTICIPANT
February 6, 2025 at 3:14 amOp. I think the fact that she was cheating on you is more than enough as a ground for divorce.-
UUser_cbd77aec
OP
February 6, 2025 at 3:19 amIt’s not about finding a ground for divorce, it’s about getting duped by her and her family into getting married. It feels like she’s working as a pros*titute because I have a chat which confirms ahe once got paid for her services. She married me for alimony and if there’s no settlement outside of the court, I’m planning to file cases of dupung me into marriage, section 420 or something along with prostitution etc.-
UUser_cb4f541c
PARTICIPANT
February 6, 2025 at 3:45 amOkay alright. All the best.
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MMegamaster2414
PARTICIPANT
February 6, 2025 at 4:49 amYou can do a lot. Legally, you can seek anything between a reconciliation to a divorce. However you do not have any legal rights in the abortion. Those decisions belong only to the pregnant woman. That is the law. That is how it should be.
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UUser_50357398
PARTICIPANT
February 5, 2025 at 10:21 pmIβm not from India and found it insane when I read your message so I googled and checked with AI, and youβre wrong. As per the Supreme Court of India, all women, including those who are not married, can get an abortion for up to 24 weeks. Thankfully it appears India doesnβt allow women to make a choice for their body!-
UUser_d675f4b0
PARTICIPANT
February 5, 2025 at 10:28 pmIt’s a recent judgement of 2022, before that it was not legal to do so.-
UUser_50357398
PARTICIPANT
February 5, 2025 at 10:30 pmRelatively recent maybe but still thatβs the current legal advice. Itβs good to know they revised to make more sense as forcing a woman to go through with a pregnancy against her own choice is horrific beyond comprehension.-
UUser_d675f4b0
PARTICIPANT
February 5, 2025 at 10:34 pmYup. Quirks of Indian laws. What can we say. Always a pitfall hiding somewhere.
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UUrbantiger704
PARTICIPANT
February 5, 2025 at 11:38 pmLmao nothing like that, the rules were always abortion is legal upto 24 weeks, no questions asked if you’re not a minor. After 24 weeks is when you need the court’s permission to do so.Β-
UUser_d675f4b0
PARTICIPANT
February 5, 2025 at 11:48 pmGo read and get educated.-
UUser_0c410e05
PARTICIPANT
February 6, 2025 at 2:23 amMTP act was amended in 2021.Upto 20 weeks ALL women irrespective of marital status are allowed abortion. Any woman above 18 years needs no additional consent for it.
The doctor cannot give you reports because it’s illegal to do so. There’s a moron here who’s asking you to file false infanticide cases. For a fetus to be an infant it has to be born first. Don’t listen to him.
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KKanaklion76
PARTICIPANT
February 5, 2025 at 10:22 pm>Btw it’s illegal to do abortion of unmarried womenThis is wrong as of 2022. The SC has already held that all women are entitled to abortion access. Moreover it isn’t clear to me on what basis OP would be entitled to his wife’s medical records. There are HC rulings that, AFAIK, have not been overturned, which prohibit husbands from drawing on private medical records to try and sway a divorce on questions such as infidelity.
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UUser_d675f4b0
PARTICIPANT
February 5, 2025 at 10:29 pmBut OP can file a case of female infanticide against the doctor. Nothing is preventing that.Thanks yes it’s a recent development. I had info from my health policy of 2010
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KKanaklion76
PARTICIPANT
February 5, 2025 at 10:33 pmThat isn’t how this works. Nothing in OPs post indicates that an illegal gender determination was made let alone that the doctor who performed the abortion did it. OP has no basis to know this information. Filing false FIRs to try and influence a divorce is a good way to get yourself locked up *and* lose your case.-
UUser_d675f4b0
PARTICIPANT
February 5, 2025 at 10:35 pmHe knows an abortion occurred. Why is it false if he suspects his unborn girl child was aborted?He can file a case on the basis of his suspicion.
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KKanaklion76
PARTICIPANT
February 5, 2025 at 10:36 pmNo it doesn’t. You are asking OP to file a knowingly false case. This is not in OPs legal interest and you need to stop peddling misinformation. I hope the moderators will take action here.-
UUser_d675f4b0
PARTICIPANT
February 5, 2025 at 10:37 pmYou are not from India, you don’t know our legal system. So stick to your chem dept in Utah.-
KKanaklion76
PARTICIPANT
February 5, 2025 at 10:38 pmWat?-
UUser_29f19058
PARTICIPANT
February 5, 2025 at 11:27 pmHi-
KKanaklion76
PARTICIPANT
February 5, 2025 at 11:29 pmFirst off lol. That’s not remotely true. Second it’s also totally irrelevant to the discussion at hand
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RRachnaknight341
PARTICIPANT
February 6, 2025 at 1:16 amA fake case.
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UUser_50357398
PARTICIPANT
February 5, 2025 at 10:25 pmAccording to Indiaβs Medical Termination of Pregnancy (MTP) Act, a woman in India does NOT need her husbandβs consent to get an abortion. Both married and unmarried women are legally entitled to get an abortion up to 24 weeks into the pregnancy due to multiple reasons including if contraception failed. Only the consent of the pregnant woman is required for a termination of pregnancy – adult women in India do not require any other personβs consent regardless of their marital status.-
UUser_ab24c0f8
PARTICIPANT
February 6, 2025 at 2:33 amOne of the big reasons to stay in the country IMO
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UUser_29f19058
PARTICIPANT
February 5, 2025 at 11:26 pmAlmost all the 498A cases in India filed by the wife are falseβ¦..-
LLuckywolf3883
PARTICIPANT
February 6, 2025 at 12:43 pmAnd?
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UUser_0c410e05
PARTICIPANT
February 6, 2025 at 2:23 amMTP act was amended in 2021.Upto 20 weeks ALL women irrespective of marital status are allowed abortion. Any woman above 18 years needs no additional consent for it.
The doctor cannot give you reports because itβs illegal to do so. Thereβs a moron here whoβs asking you to file false infanticide cases. For a fetus to be an infant it has to be born first. Donβt listen to him.
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UUser_c6fbb2aa
PARTICIPANT
February 6, 2025 at 7:13 amIn 2021 it was extended from 20 weeks to 24 weeks.-
UUser_0c410e05
PARTICIPANT
February 6, 2025 at 7:53 amIt’s 2 doctor till 24 and board beyond 24 AFAIK.
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UUser_d675f4b0
PARTICIPANT
February 6, 2025 at 2:24 amWhy don’t you get a court order directly. Consult a real lawyer for advice.Or just try the age old route of bribery.
Btw it’s illegal to do abortion of
# Nonetheless female feticide and infanticide is still a huge crime. Accuse the doctor of helping your former wife in aborting because the baby was a girl.
The doctor would go to jail for a few months and all the records will come jumping out.
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UUser_ab24c0f8
PARTICIPANT
February 6, 2025 at 2:35 amWho hurt you bro? -
UUser_d42ebb5b
PARTICIPANT
February 6, 2025 at 3:01 amFalse accusations for me but not for thee! – Moto of the average Indian misogynist.-
UUser_d675f4b0
PARTICIPANT
February 6, 2025 at 3:02 amFight fire with fire.-
UUser_d42ebb5b
PARTICIPANT
February 6, 2025 at 5:08 amYou’re no better than Atul Subhash’s wife. Same mentality and morals.-
UUser_d675f4b0
PARTICIPANT
February 6, 2025 at 5:09 amYup. I don’t like to bring a knife to a gun fight. I like to bring a GE Gatling canon to the gun fight.
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UUser_cbd77aec
OP
February 6, 2025 at 3:07 amWe haven’t filed any cases yet. And I don’t want to malign her image which will be my course of negotiation. And of course, I don’t want to file a fake case!-
SSimranguru453
PARTICIPANT
February 6, 2025 at 3:22 amif you willn’t then she’ll definitely malign it. Get your shot first.
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RRapidninja717
PARTICIPANT
February 6, 2025 at 3:02 amGoogle is free. Youβll not be happy with the results-
UUser_cbd77aec
OP
February 6, 2025 at 3:03 amSo is reddit.
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UUser_663fbda5
PARTICIPANT
February 6, 2025 at 9:05 amWhile wife doesnβt need your permission, abortion without consent is ground for divorce citing mental cruelty . You can get out without paying anything . That is a win . She will ruin her own life by the way she is playing around . Take care of your own interests and leave her to deal with the consequences. -
EExpertshark1571
PARTICIPANT
February 6, 2025 at 10:19 amLawyer hereIndia has luckily strong abortion laws even compared to progressive countries. MTP can be done by adult single and married women.
Your wife’s infidelity can be proven with whatever chat proof you have (provided it doesn’t look like it is doctored).
No need to get her abortion report. Even if you got the report, it doesn’t show whom she had sex with right? And those reports would not be concrete proof anyway because a lot of couples end up having sex while separated and you cannot prove that you didn’t have sex with her.
I recommend you go the normal route and get a divorce on mutual grounds or claim infidelity. Leave this abortion report idea and hire a competent lawyer.
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UUser_76ae9a53
PARTICIPANT
February 6, 2025 at 9:56 pmhow is this even cheating or infidelity is they both are separated for more then a year. counting that as cheating is weird. also the post seems a bit fake.
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UUser_b1565a90
PARTICIPANT
February 6, 2025 at 12:06 pmBhai hire a detective, if you don’t want to take legal routeBribe some staff , they can get you copy too
Another way if you hv any relative in police at good level
Nhi court Mai petition file karo
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UUser_95e8af04
PARTICIPANT
February 7, 2025 at 11:27 ampetition for what? jhant law nhi pata to choda bhi mat kar chutiye
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UUser_37d0ff44
PARTICIPANT
February 6, 2025 at 12:29 pm> seperated> Got cheated on
They don’t add up dude. If you’re separated, it’s no longer considered cheating
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UUser_76ae9a53
PARTICIPANT
February 6, 2025 at 9:55 pmsince you and your wife have been separated for a more than a year, she has the right to make her own choices, including having an abortion. As she’s not living with you and the two of you are separated, she can be with whoever she wants without needing your consent. Each person is entitled to their own decisions, especially when it comes to personal matters like relationships or health.this does not count as cheating or infidelity as you said you both are separated.
and moreover abortion is a women’s right, she can get it without the consent of her husband.
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