Wife’s Own Decision Not To Bear A Child

The wife’s own decision not to bear a child is mental cruelty.

Justice B. N. Aggarwal, Justice P. P. Naulekar and Supreme Court Justice Dalveer Bhandari said that there is mental cruelty towards the husband in his decision not to give birth to a wife. The court upheld the trial court’s ruling, setting aside the High Court ruling.

The appellant, Samar Ghosh and the defendant, Jaya Ghosh, got married under the Special Marriage Act, 1954. Both were IAS officers. The defendant had a daughter and divorced from her first marriage. The custody of the child was granted by the court to the defendant who also gave a decree of divorce from her first husband. When her first husband filed an appeal against the decree and while the appeal was pending, the defendant appealed that she marry him. It was the argument of the appellant that after marriage, the defendant was required to keep the appellant away from his career and also made his decision not to have a child. Later, their marriage broke up.

WIFE OWN DECISION NOT TO BEAR A CHILD

The appellant filed suit for divorce before the Additional District Judge, Fourth Court, Alipur, which found that there was mental cruelty caused by the defendant-wife to the appellant-husband and granted a decree for dissolution of marriage.

An appeal was filed by the defendant-wife before the High Court where the court held that mental cruelty could not be proved by the appeal-husband to overturn the decision of the trial court.

An appeal was filed by the appellant-husband before the apex court where the court observed:

“9. 9. In order to constitute mental cruelty, conduct must be much greater than jealousy, selfishness, or competence that causes unhappiness, dissatisfaction, or emotional upset. Even less inconsistency or differences in temperament, personality or opinion can raise the basis for divorce. “