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!!!