Abortion Abortion

4 years ago

My girlfriend was pregnant and we had a conversation to abort the baby but i didnt force her.After the abortion was done she is torturing me to get married with her but she denied any dna test after some days of abortion and now it cant be checked. She is threatening to harm my family and me and to defame us. What could be done in this case?

Naveen Sharma

Responded 4 years ago

A.Morally speaking you are the one at fault. You should have been careful. However, in case you really care for her and love her you should explore possibility of arriving at some amicable settlement. But in case she is adamant with her threats, just file a complaint before police that she is threatening to harm your family and is giving threats to initiate false litigations to extort money along with giving a detailed description of your prolonged consensual affair. Do not worry if the police does not take action. Just file a complaint and get receipt or file an online complaint on the website. Also, did you visit along with her to the abortion clinic? if not, then rest assured you have nothing to worry. If yes, then also, file the complaint and sleep peacefully. There will be problems but you will come through, legally speaking.
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Archana Vijaishankar

Responded 4 years ago

A.Sir,
Though you adressed that she aboted the baby after the convetsation, it is serious offence , as ahe is constarined to abort for the hoodwink of society.

So she has been affected physically amd mentally.
Try to marry her and give her comfort.

You wil be liable to face criminal charges, in case she files cheating case against you, as she has strong medical evidence
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Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
You must be very smart as follows if you do not wish to marry her otherwise you have to face the trouble and even the rape and cheating case. Please give me Rank 5 if you feel my answers also helped you
====================================================
Crucial Steps to Ending a Long-Term Relationship
1. Always be realistic in your relationship. | iStock.com.
2. Choose the right spot to break off the relationship. ...
3. Stay calm when talking to your partner. ...
4. Always be honest. ...
5. Stand by your decision. ...
6. Decide how you'll tell your friends and family about the breakup. ...
7. Plan out your next move. ...
8. Don't talk badly about your ex.
Live-in Relationship: Indian Scenario:
On 23.03.2010 the Hon’ble SC in Khushboos case opined that a man and woman living together without marriage cannot be construed as an offence. “When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence,” a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chuhan observed. The court said even Lord Krishna and Radha lived together according to mythology.

Live in relations suffered a setback with the bar imposed by the Supreme Court in its recent judgment delivered on 17th May 2010 in a Family dispute in the matter of Bhaasthamata v R Vijeya Renganathan. The Supreme Court held that a child born out of a live-in relationship was not entitled to claim inheritance in Hindu ancestral coparcenary property. The dictum of the division bench comprising Dr B S Chavuhan and Swatanter Kumar, JJ appears to be a general law but its root of jurisdiction lie in the facts peculiar to this case. This ruling may not be accepted as a general law at all. It is only justified in this particular matter, but if applied to all live-in relations raising a presumption of marital bond; it would definitely result in gross miscarriage of justice. In S.P.S. Balasubramanyam v Suruttayan Andalli Padayachi & Ors. The Supreme Court allowed presumption of marriage u/s 114 of Evidence Act out of live-in relations and presumed that their children were legitimate. Hence, they are rightfully entitled to receive a share in ancestral property. In the instance case, Mariammal claim her brothe Muthu Reddiars property who died unmarried and intestate. Rengammal lived-in with Muthu and had children from that bond. After his death, she claimed inheritance. Earlier Rengammal had married Alagarasami Reddiars (who was alive) but they didn’t live together because of undissolved marriage between them. The trial Court did not accept her live-in claim. Her first appeal was dismissed. Subsequently, the Madras High Court held the judgment in favour of live-in partner.

In the cases prior to independence like A Dinohamy v Blahamy the Privy Council laid down a broad rule postulating that, where a man and a woman are proved to have lived together as a man and wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage. After independence the first case that can be reviewed is Badri Prasad v Dy. Director of Consolidation wherein the Supreme Court recognized live-in relationship as valid marriage, putting a stop to questions raised by authorities on the 50 years of life in relationship of a couple.
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Rajagopal Sripathi

Responded 4 years ago

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A.Hi
It is a serious offence to cheat a girl and have sex under the pretext of marriage and thereafter force the girl to abort the child.
In law, causing aborting with consent or forcible abortion is an offence under 312/313 IPC.
Also , the girl can file cases against you for cheating and rape .(420 and 376 IPC).
So, it is in your interest that you take precautions with a help of lawyer prior to even filing of complaint by the girl.
Hope this information is useful.
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Vidhi Samaadhaan Vidhi Samaadhaan

Jagath Ratchagan

Responded 4 years ago

A.Hi,
This is tragedic for you and family. If she complaint the police will definitely file a case against you. Try to compromise her. Otherwise marry her and after that you can decide further according to law. Hope you understand.
With regards
Advocate J.Jagath Ratchagan
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Ayantika Mondal @ Prime Legal

Responded 4 years ago

A.Hi,

This is a very very serious issue.

Ensure this issue should not go out of control, Hope she had her complete concerns on abortion else section 313 shall impose. Still, the police may file an FIR U/s 406,420, 312, 376 of IPC on such a report.

Please discuss in details with a lawyer urgently and the way out.
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