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for divorce, husband gets his wife aborted??

Nationalist

See the cruelty of a husband, Divorce Ke liye Kuchh Bhi Karega??

Divorce on mind, husband gets wife's abortion done

Mayura Janwalkar, DNA,

Updated: October 07, 2010 14:32 IST

Mumbai:  Sana, 25, says she could feel her unborn child move in her womb when she was compelled to abort it. Her husband Riaz, she says, wanted to do away with their child because he had made up his mind to divorce her and this was the only way he could avoid paying maintenance.

Sana has sought appropriate punishment under law for her husband and in-laws. But what she cannot forgive is Riaz's false promises that led her to take the life of the foetus.
Sana's marriage, which took place in November 2009, was never a bed of roses. But Riaz promised her that if she aborted their child, they would move into a new house and have as many children as they like. "She was desperate to save her marriage and fell for his promises. But as soon as the child was aborted, Riaz divorced her," Sana's advocate Nilofer Saiyed said.

A lawyer, Sana has alleged in an affidavit to a court that she was physically and verbally abused for dowry by her in-laws, who wanted a flat, a gold chain and a ring from her family. The torture intensified during her pregnancy and she was not given food on days. On occasion, she was slapped, kicked, and hauled by the hair, her affidavit states.

"I, being the mother of the foetus, could never be ready for an abortion as I was very well connected to my baby. Usually I could feel its movements... Its life had been my life," the affidavit states. "Also, there was a lot of danger in undergoing the abortion of a nearly five-month-old foetus."

On April 16, succumbing to pressure from her in-laws, Sana got her 17-week-old foetus aborted in a hospital in Grant Road. Sana said her mother, who studied only till standard five, was made to sign the consent papers by her in-laws. After the abortion, her husband or in-laws never showed up at the hospital. Sana now lives with her parents in Dongri.

"If she had to abort the child herself, why would she wait 17 weeks? Wouldn't she do it sooner to avoid risking her health?" Saiyed said. "She later learnt that the aborted child was a boy. She is inconsolable."

On May 15, Sana filed an FIR against her husband, his parents, and five members of his family. On May 26, Riaz, his two brothers and father were arrested, but released on bail. Sana has also sought the return of jewellery worth Rs10 lakh. The case has been remanded to the Sewri sessions court. (Names changed to protect identity)

http://www.ndtv.com/article/cities/divorce-on-mind-husband-gets-wifes-abortion-done-57778

 
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propra

It is really outragous.....It is unbelievable also! 

 

I believe, that hapless lady's lawyer didn't fight and argued the case  properly.

 

Hasn't the husband taken advantage of his own wrongs?

 

Is the affidavit on oath, liable to be called sufficient evidence to believe the husband's story?............especially when such a 'bedroom discussion' between the husband and wife about continuing pregnancy or  terminate it without presence of any third person there.

 

The MTP (Medical termination of Pregnancy) centers authorised by the govt also do not make it mandatory (always) for the other spouse to give any kind of consent in writing or in any other form.

Offcourse, after 13th week, it is  not legally allowed to abort unless approved by appropriate authority (Correct me if I am wrong).

 

That lady is clearly saying she was asked by her husband to do so. 

 

The directives and illustrations by Hon. Supreme Court are not ratio decidendi  (just for the reason it is a directive and illustration) and  Hon. Supreme Court  itself has said that for 'mental cruelty' no straight jacket formula can be applied.

 

Can anybody please post this judgement on this site? (or atleast the reference and pafe no)

 

Can anyone please post the other Supreme Court citations (not the once referring... IAS office Mr Ghosh or  N. Kohli )? and Especially of Delhi High Court?

 

Also it is possible for anybosy to enlighten all the readers 'when and unde what auspice the Hon. Court issued these directive on 'mental cruelty'?. I get to see these illustrations enbedded in the case citations only.

 

B'cos these directives and illustrations have mixed and got confused between  MTP (as a need) and family planning measures taken by a spouse amongst thw two of them.

 

Forcing a lady commit abortion is a crime and can not be a reason to avail divorce by the guilty party of that crime.

 

Even forcing wife to conceive without her wish if she feels untimely is a crime. b'cos this very decision is to be taken together. Mere "progeny' can not be made a larger than life issue.

 

Tomorrow people would stand and say 'I want more babies' but my spouse didn't cooperate with me...so it is a cruelty. What nonsense!!!!

 

The real truth is......We are far behind of the rest of the world!!!


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non professional

Women, there is nothing for you to lose but shackles!

When women would realise this, the empowerment would start and situation like this would not arise. 

I find the woman here too was a party to this act. She wanted to save her marriage at the cost of a life throbbing in her. 

Why did she need a spineless husband who promises a dream life if she would abort a throbbing heart, and she did it??? 

Would she have ever enjoyed many children that her husband promised? Or a new house and millions of luxuries in it? 

Women you need to resist !

The woods are lovely , dark and deep( the woods of male dominance, the false illusion of being protected) 

But I have promises to keep

and miles to go before I sleep, and Miles to go before I sleep!( for emancipation) 

 
Reply   
 
Nationalist

Just see the types of cruelty, women are facing. Their heavy dependence on other is the prime reason for their plight and also this makes them vunerable to all forms of exploitation.

Our system is neither women friendly nor human friendly and hadles roughly to genuine persons generally.

 
Reply   
 
Consultant

MTP allowed upto 20 weeks legally , but opinion of 2 doctors reqd after 12 weeks.

real truth of the above story only god knows, as more than 50 % cases are cooked up stories.

and its difficult to say wats exact truth now.

 
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