Wife's Wish To Work After Marriage, Not Wanting A Child Until Then Is Not Cruelty: Bombay HC

The Bombay High Court has ruled that a woman's wish to go to work after she is married doesn't amount to cruelty and thus is not a ground for seeking divorce.

The Nagpur Bench of the Bombay High Court made the ruling in a case filed by a man seeking divorce from his wife, who he said often fought with him as she wanted to work and, threatened him that she wouldn't beget a child till she secures a job.

BCCL

Wife wanting to work is not cruelty

He also alleged that his wife had aborted her pregnancy without his consent, Bar and Bench reported.

The Bombay HC bench of Justice Atul Chandurkar and Justice Urmila Joshi-Phalke on Tuesday held that the wife's actions did not amount to cruelty under Section 13 of the Hindu Marriage Act.

"In the present case, expressing desire by wife who is well qualified that she wants to do the job does not amount to cruelty. The husband has to make out a specific case that the conduct of wife was such a nature that it was difficult for him to lead the life along with her," the court noted.

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Woman can choose to abort her pregnancy

On the husband's allegation that his wife had aborted her pregnancy without his consent, the court noted that she had refused to take tuition classes owing to her pregnancy and, thus, she was prepared to take responsibility of the child.

The court also made it clear that it was the woman's prerogative whether or not to continue with her pregnancy.

Recently the Kerala High Court had said that a woman doesn't require the consent of her husband to abort a pregnancy.

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SC order on abortion rights

Last week in a landmark verdict the Supreme Court had ruled that all women are entitled to safe and legal abortions, irrespective of their marital status.

The SC said that even a single and unmarried woman has the right to abort under the Medical Termination of Pregnancy Act and the rules till 24 weeks of pregnancy.

Husband failed to bring wife back

On Tuesday while dismissing the husband's divorce plea the court also rejected another ground on which he had sought separation.

On the allegation that the wife had left his house within four years of their marriage, which he claimed amounted to desertion, the court noted that the husband did not make much effort to bring her back to the matrimonial house.

DivorceNet

"If the husband's contention is accepted that she left the matrimonial house to fulfill her desire to do the job, admittedly, she was not doing any job when she left the matrimonial house. In fact, she got a job in one Ashram Shala after three years of leaving the house. Therefore, his contention that she left the matrimonial house to fulfill her desire is not sustainable," the court said.

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