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Divorce on the ground of undisclosed abortion
05-Sep-2023 (In Divorce Law)
My wife has done abortion without informing me. During abortion another man sign in consent paper. Due to abortion she will not concive in future ever because of some complications. So can I file divorce case against her because I can't be a father of child if I stay with that lady. And please provide the Act. of law on which I can file divorce petition.
To file divorce case some specific grounds r required according 2 Hindu Marriage Act. On cruelty option u hv ground to file case. 2 make u clear about d option i. e. When he/she is subjectd to any kind of mental n physical injury dat causes danger 2 life, limb n health. D intangible acts of cruelty through mental torture r nt judged upon 1 single act but series of incidents. So u hv option 2 file divorce case on dat ground
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Adv. Shilpi Chowdhuri
Agartala | 25+ Answers
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Yes, abortion without the knowledge or consent of the husband is a ground for divorce under The Hindu Marriage Act,1954, as it an act of mental cruelty against the husband.
The Supreme court in a specific case categorically mentions that “Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of the other for a long time may lead to mental cruelty. A sustained course of abusive and humiliating treatment calculated to torture, discommode or render life miserable for the spouse,”
So it is pretty much clear that, the husband can opt for divorce, as his wife has treated him with mental cruelty.
The Supreme court in a specific case categorically mentions that “Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of the other for a long time may lead to mental cruelty. A sustained course of abusive and humiliating treatment calculated to torture, discommode or render life miserable for the spouse,”
So it is pretty much clear that, the husband can opt for divorce, as his wife has treated him with mental cruelty.
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Adv. Subhankar Deb
Agartala | 25+ Answers
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