Abortion ground for divorce,rules HC

Court says a woman undergoing abortion without informing husband amounts to act of cruelty.

The Madurai Bench of the Madras High Court has ruled that a wife not informing about the factum of abortion undergone by her to her husband and in-law amounted to act of cruelty.

Dismissing an appeal filed against an order of a trial court granting a decree for dissolution of marriage on the ground of cruelty,a division bench comprising Justice Elipe Dharmarao and Justice M Venugopal said “the woman (wife) had not informed about the factum of abortion that she had undergone. She did not inform about the treatment she took from the respective doctors”

“This omission on the part of the wife cannot be said to be an excusable or condonable. It cannot be said that it is not a matter to be taken note of seriously. Hence the husband is entitled to get the relief of divorce.”

The court also directed the husband to pay monthly maintenance of Rs 2500 to wife from the date of filing the appeals (as he stopped paying the monthly maintenance from the date his wife filed the appeal in the High Court) from May 25,2010 till the appeal was dismissed in eight weeks.

The woman had admitted that she was conceived within three months from the date of marriage. The doctor advised her not to travel. She had travelled against the advice. “Therefore we are not in a position to accept the plea that the abortion was done on wife was only a natural one and it is a usual one”

The appellant prayed for restitution of conjugal rights as per Hindu Mariage Act as abortion was a natural one after the trial court agreed with her husband and granted divorce.

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