29 September 2009
wife was pregnent living with her parents after altercation with husband. the unborn child was diagnosed with weak heart beat. Doctor advised abortion. Wife intimated husbands family. no response.wife went ahead for abortion with the signature of her parents. All medical documents suggest it was the right thing to do.Now Husband files for divorce. Could this be a valid ground for divorce
Kindly go through the Judgment of Hon'ble Supreme Court in :
" Samar Ghosh Vs. Jaya Ghosh " passed on 26-03-2007
you can find the same at:
It's a very detailed Judgment passed by Apex Court, and observed in the same as:
" No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behaviour which may be relevant in dealing with the cases of 'mental cruelty'. The instances indicated in the succeeding paragraphs are only illustrative and not exhaustive.
(i).... (ii)... .... ... (xi) If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty. "
Therefore, if "Wife" is having sufficient proofs of Reports with regards to her Medical Examinations, and next, sufficients evidence with regard to initimation to her husband and in-laws about to proceed for abortion due to said reasons, then she may succeed the case against her husband, otherwise its a Valid Ground for Divorce under Mental Cruelty towards her husband.
29 September 2009
Aejaz has clearly mentioned the legal provision so after going through verdict of Hon'ble Apex Court, no doubt remains in the matter that wife has done as required so no valid ground for divorce.