In the first case of its kind, a mother-in-law has approached a Delhi court seeking prosecution of her widowed daughter-in-law for allegedly undergoing an abortion and depriving her of an heir.

Taking note of the complaint, Metropolitan Magistrate Mukesh Gupta of Tis Hazari courts summoned the widow Mamta, her parents, sister and brother and officials of a New Delhi private nursing home where the foetus was allegedly aborted.

Gupta summoned them under Sections 312 (aborting a foetus to save the life of a mother), 315 (to prevent bearing of a child) and 201 (destruction of evidence) and 120-B of Indian Penal Code.

Summoning the respondents Sep 12, the magistrate observed that the ultrasound report showed Mamta was carrying an 18-19-week-old healthy foetus in her womb.

Earlier, complainant Laxmi Devi wrote to the Delhi Police commissioner in this regard. She said that her son had died in mysterious circumstances only two months after being married.

Laxmi Devi also filed a formal complaint in this regard at the Mangolpuri police station. She alleged that Mamta got her pregnancy terminated in connivance with her parents, brother and sister.

She further alleged the foetus in Mamta's womb was the only successor to her family and that Mamta did this without seeking her permission so that she could remarry.

Laxmi Devi said her son Anoop singh, who was in Delhi Police, was married to Mamta Nov 8, 2000 and he died Jan 29, 2001 in mysterious circumstances.

Under the Termination of Pregnancy Act of 1971, a woman can get her pregnancy aborted when it is 12 weeks old.

However, for pregnancies between 12 and 20 weeks, she can do it under special circumstances like threat to her life due to the pregnancy and on the advice by a registered medical practitioner.