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Girija (student)     01 July 2010

sposal consent

Is it a mandate that i take husband''sconsent to undergo family planning operation.

 

I have two kids



Learning

 2 Replies

Pranjal Srivastava (Lawyer)     02 July 2010

Dear Girija Ji

there is no such boundation by any law that wife have to take consent from his husband {means this is not an offence }

BUT MIND IT THIS MAY BE GROUND OF DIVORCE AS PER HMA SEC 13(1) (iA) CRUELTY AGAINST HUSBAND.

EXPLAN: If a husband wants a kid ( even having kids) and wife without his consent gone through family planning operation and unable to give birth to a child ,this will be treated as cruelty against husband.

 The only defense is wife is medically not fit to give birth to a child and a Doctor prescribed her for family planning operation.

These issues are very sensitive so both partners should agree for taking this type of step

Regards


(Guest)

A innocent que. :-)

1. If spouse behind closed door agree to give consent to such request made by other spouse then in case of dissagreement later on who will suffer with Burdern of Proof ? 


We say Indian Divorce is "fault theory" based thus this que. asked ! Kindly educate me Sir.

Rgds.


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