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Punjab & Haryana High Court: “Motherhood Is Innate; Forcing Wife To Terminate Pregnancy Against Her Will Amounts To Cruelty"

Team SoOLEGAL 11 Oct 2022 2:40pm

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Punjab & Haryana High Court: “Motherhood Is Innate; Forcing Wife To Terminate Pregnancy Against Her Will Amounts To Cruelty

New Delhi: The division bench of Punjab and Haryana High Court, comprising Hon’ble Justice Ms. Ritu Bahari and Hon’ble Justice Ms. Nidhi Gupta, delivered a judgment on 26th September 2022 granting the wife, the decree of divorce on the ground of cruelty for forcing the termination of pregnancy by the husband.

The marriage between the couples was solemnized in 2012 as per Hindu rites and ceremonies, post which the married woman resided at her matrimonial home. The wife in her petition has alleged constant torture; mental, physical, and financial, since the marriage at the hands of her husband and in-laws. She was forced to terminate her pregnancy against her will on the pretext of her husband that he is not sufficiently capable to maintain the expenses of a child. Later in 2015, she was forced out of the house. The wife filed for divorce under Section 13 of the Hindu Marriage Act,1955 seeking divorce on grounds of cruelty and desertion. The Hisar Family court dismissed the divorce petition, challenging which the wife approached the high court in an appeal.

The Punjab and Haryana High court allowed the appeal and decreed the petition of divorce to the wife under Section 13 of the Hindu Marriage Act, 1955, and observed that “motherhood is innate, natural, and fulfilling to every women; and the fact that the appellant was denied the same, and was forced to terminate her pregnancy against her will, at the insistence of the respondent and thereafter could not conceive again due to gynecological complications in our view, constitutes cruelty”.


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