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Sakshi Sakshi (Self employed)     25 October 2010

Tubectomy after one kid...now facing divorce

Dealing with a rare situation here........


Relevant citations at Bombay HC/SC wud sincerely be appreciated.  (barring vague comments of gender bashers)

 


The Story goes as follows:


1. Husband filed for divorce/'mental cruelty' HMA.

 

2. Husband is very rich and in mid 40's. Wife nearly 40.

3. 16 year old marriage.

4. First Kid borned after 6 years of marriage

 

5. Wife underwent tubectomy (sterelisation operation) when kid was 7 years old. husband made her do it (but no proofs to prove the consent by husband)

6. Kid expired 2 yrs back, in a freak car accident at the age of 8, wife got away with minor injury.

 

7. Marital Dispute started since 1 year.

 

Wife blurted out about 'tubectomy' as emotional outburst  (opponent ld. Councel made her to vomit that out to my utter shock) during 'interim stay' arguments in front of Hon Court.

 

Now Husband is taking advantage of this fact as if he was unaware of it!!

 

It wasn't there in the petition!!

It's gone futile to raise objection. Leave to amend petition granted to husband, O 6 R 17

 

How to salvage this?

 

Wife did it as a family planning.

Qs of any kind of deprivation to hubby shouldn't arise here.

There is a lot at stake.

 

Any citations in wife's favour?



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     25 October 2010

I don't think this will help the husband a lot as the operation was done when the child was alive and was 7 yrs old not 2 or 3 yrs of age and it can be logically said that they did not want any more kids so she went for it with the consent of the husband.

5 Like

hedevil hydraheaded (non professional )     26 October 2010

Very manipulative husband...

Jamai Of Law (propra)     26 October 2010

You often get very harsh on other's replies..as per my personal experience..

but still I wud reply to your topic.  

 

I believe, "Bedroom allegations" have no evidential value, even if husband makes drama as if it was a startling disclosure.

Burden of proof lies with the husband that 'she did it intensionally without consent and knowledge of husband'.

 It is her body. She is not a slave

He has to prove that her act was to inflict cruelty intensionally (since it is an illustrative example of 'mental cruelty') even unintensional act may not be a cruelty in such cases because she put her life and health at risk. To inflict mental cruelty, nobody puts one's life and health in jeopardy.

 

Right of progeny is exercised, at least once.

It was also a sensible decision in view of welfare of first kid and dedicating time on one kid instead of many (money can bu food and amenities at the max, but not the time and love)

  

MTP involves terminating a life which already started throbbing in the womb

This case is just an instance of "permanent prevention to allow to make use of a womb any further" after one pregnancy.

Hence no persuasive value in husbands claims

 

In marriages as per HMA at least, there is no scope for such tactics....marriage is still a sacrament as yet by and large with the exception of MCD.

 

1 Like

Avnish Kaur (Consultant)     26 October 2010

try reconciliation. u can go for invitro fertilisation or surrogate mother.

1 Like

Arup (UNEMPLOYED)     27 October 2010

IF TUBECTOMY DONE BY GOVT DOCTOR, THEN SIGNATURE OF BOTH THE SPOUSES ARE COMPULSARY, BUT THERE IS A RELAXATION, ALSO ON REQUEST OF WIFE DOCTOR DO THE JOB.

TUBECTOMY ARE TWO TYPES. BOTH THE TYPES ARE REVERSEBLE. MEANS BY ANOTHER OPERATION, THE SITUATION BE CHANGED/ REVERSED AND THE THING WILL BE AS IT IS. ONE WILL BE ABLE TO CARRY AGAIN. THEREFORE NO HUE AND CRY, BETTER TO CONSULT THE DOCTORS AGAIN.

I GOT THIS INFORMATION FROM A NURSE CONCERNED.

1 Like

Avnish Kaur (Consultant)     27 October 2010

at 40 even after microsurgical tubotubal anastomosis it is difficult to have a pregnancy. try recociliation and contact an infertility specialist.

2 Like

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