Wife’s Own Decision Not To Bear A Child
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 ...



Comments
Post a Comment