Civil Procedure Code (CPC)

ground for divorce

This query is : Resolved 
 

(Querist)
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


AEJAZ AHMEDOnline (Expert)
29 September 2009

Dear Shivappagoudar,

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:

http://indiankanoon.org/doc/766894/

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.

n.k.sarin (Expert)
29 September 2009

It may be a valid ground for divorce.

Sukhija (Expert)
29 September 2009

hi
i agree with Ahmed, he is rt.

Sarvesh Kumar Sharma Advocate (Expert)
29 September 2009

whenever Cruelty is not proved before the court it is not a valid ground for divorce.

Raj Kumar MakkadOnline (Expert)
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.

vinjamuri ranga babu (Expert)
01 October 2009

hi,
no this is not a valid ground for divorce and it doesn't attract the any of the provision under HM Act.
vr

Sachin Bhatia (Expert)
01 October 2009

Mr. AEJAZ AHMED has rightly explain the
legal provision, so this is not a valid ground for divorce.



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