A woman has been summoned as an accused by a Delhi court for allegedly cheating and causing her miscarriage without her husband's consent.
Additional Sessions Judge Ashutosh Kumar said that prima facie the woman knew about her pregnancy before her marriage and she had not disclosed this fact to her husband before tying the knot and deceived him.
"The said acts of the respondent no. 1 (woman) had caused damage and harm or same is likely to cause harm to the husband in body, mind and reputation.
"Consequently, the acts of the woman clearly fall under the definition of cheating....," it said.
The court said prima facie miscarriage was caused by the woman without the consent of her husband and an offence under section 312 (as a woman who causes herself to miscarry) of the IPC was also committed by her.
The sessions court summoned the woman to appear before the magistrate for these offences and set aside the order of the trial court which had dismissed the complaint of the man, a resident of Najafgarh here.
"It is clear that the trial court had not correctly appreciated the material on record and had not correctly interpreted the statement of revisionist (man).
"Hence, there is illegality and infirmity in the impugned order of the trial court and accordingly the same is set aside," it said.
The man had filed a complaint seeking prosecution of his wife and her parents for allegedly conspiring to cheat him and causing miscarriage of the woman.
He alleged that she admitted that she was having an affair with someone else prior to their marriage.
He said he got married to the woman in April 2012 and he was not allowed to talk or meet her before marriage.
When they went for honeymoon, the woman was vomiting there but refused to consult any doctor and on returning, she went to her parents house, the man said.
After a week, he was informed on phone that his wife was pregnant but she was reluctant to talk to him about it when she returned to her matrimonial house.
