Termination of pregnency
shelly
(Querist) 30 May 2012
This query is : Resolved
sir shilpa is my client,
and shilpa get married with shayam on jan 2000.now dispute arise on dec 2000.her husband shyam wants divorce on the ground that she terminate her pregnency thrice since 2000. and shilpa said that in the earliar years of her career and looking to the nature of her job she may b not able to look after her child properly. so plz sir tell how i defence my client shilpa
Adv.R.P.Chugh
(Expert) 30 May 2012
Pregnancy and Child Birth have a most direct effect on mental/physical health of woman and not the man, and unless a wife is ready for such responsibility - she should have an autonomy to make her reproductive choices. No Sex - husband or wife has the prerogative in such matters - and it's but fair that if wife does not seek to have a child she should be allowed to abort even though unilaterally. This should not be construed as cruelty.
Advocate M.Bhadra
(Expert) 30 May 2012
Termination of pregnancy or abortion is the right of any married woman and it is may be necessary on health condition also.So this is not a fit ground for Divorce if it would be filed by husband.
ajay sethi
(Expert) 30 May 2012
termination of pregnancy by wife without husband consent amounts to mental cruelty and is ground for divorce
ajay sethi
(Expert) 30 May 2012
The Supreme Court of India has ruled that abortion by a woman without her husband’s knowledge and consent will amount to mental cruelty and hence sufficient ground for divorce.
It was upholding the plea of Sudhir Kapur that he was entitled to seek divorce under the Hindu Marriages Act, as his wife Suman Kapur had undergone three abortions without his consent.
Sudhir claimed that his wife resorted to the abortions as she was more interested in pursuing her career in the US rather than bringing up a family.
He further claimed that Suman constantly insulted his parents and other family members.
A matrimonial court granted divorce to Sudhir on the basis that the charges had been established. The woman moved the Delhi High Court which confirmed the findings of the matrimonial court, following which Suman filed an appeal.
The apex court after perusing the records and citing a number of judicial rulings said that the actions of Suman amounted to mental cruelty and her husband was entitled to a decree of divorce.
“Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of the other for a long time may lead to mental cruelty. A sustained course of abusive and humiliating treatment calculated to torture, discommode or render life miserable for the spouse,” said a Bench consisting of Justices C.K. Thakker and D.K. Jain.
Writing the judgment, Justice Thakker said: “The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty. Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness, causing injury to mental health or deriving sadistic pleasure, can also amount to mental cruelty.”
The conduct must be much more than jealousy, selfishness, possessiveness, which caused unhappiness and dissatisfaction and emotional upset but might not be a reason for grant of divorce on the ground of mental cruelty.
The Bench said: “To establish legal cruelty, it is not necessary that physical violence should be used. Continuous cessation of marital intercourse or total indifference on the part of the husband towards marital obligations would lead to legal cruelty. In such cases, the cruelty will be established if the conduct itself is proved or admitted. The absence of intention should not make any difference in the case, if by ordinary sense in human affairs the act complained of could otherwise be regarded as cruelty. Mens rea (criminal intent) is not a necessary element in cruelty. The relief to the party cannot be denied on the ground that there has been no deliberate or wilful ill treatment.”
The court said: “Mere coldness or lack of affection cannot amount to cruelty; frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable.”
The judges fully concurred with the findings of the lower courts that three abortions without the knowledge and consent of the husband was a valid ground for divorce.
www.pathlegal.in/abortion-without-husband-or-sperm-provider%5C-...
shelly
(Querist) 30 May 2012
but sir she sai that "the earliar years of her career and looking to the nature of her job she may b not able to look after her child properly"
now i how protect her
Shonee Kapoor
(Expert) 31 May 2012
It is not material, whether the consent was there or some medical reason was there is the only excuse.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
mahendrakumar
(Expert) 31 May 2012
apart from the legal aspect of the issue,how can she have a moral justification for her action with out the consent of her husband?
ajay sethi
(Expert) 31 May 2012
husband is justified in asking for divorce . wife has done 3 abortions without consent of husband . for her the carrer was more important . tell her to concentrate on her career now .
K.K.Ganguly
(Expert) 31 May 2012
Husband is justified in asking for Divorce. He can settle down afterwards with some body compatible & your friend also can happily pursue her career & achieve laurels.
Why torturing the poor husband mentally?
Good luck to her.
