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Abortion of child by wife without the consent of the husband is a ground for:

Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, treating the petitioner with cruelty after the solemnization of the marriage is a statutory ground for divorce. As…

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Abortion of child by wife without the consent of the husband is a ground for:

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Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, treating the petitioner with cruelty after the solemnization of the marriage is a statutory ground for divorce. As held by the Supreme Court in Samar Ghosh v. Jaya Ghosh (2007) and Suman Kapur v. Sudhir Kapur (2009), a unilateral decision by a wife to terminate a pregnancy without medical necessity and without the knowledge or consent of the husband causes profound mental agony and constitutes mental cruelty, furnishing a valid ground for divorce. Post-marriage termination of pregnancy does not render a marriage void or voidable under Sections 11 or 12 of the Act, so it is not a ground for nullity of marriage.

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