Barathkumar K M | Sastra Deemed to be University Thanjavur | 2nd July 2020
Suman Kapur Vs Sudhir Kapur
Facts:
The appellant Suman Kapur is the wife of the respondent, Sudhir Kapur. The appellant and the respondent were childhood friends and they studied together in the same school. Afterwards, they decided to marry and the marriage was inter-caste marriage. The appellant was a scientist; she was working in the Department of Bio-Chemistry in the All India Institute of Medical Sciences. After their marriage, she became pregnant within one month in 1984. But due to harmful radiation in the lab, she aborts the womb without the consent of her husband. She became pregnant again in 1985; due to an acute kidney infection, she aborted that womb also without the consent of her husband.
Again in 1989, she became pregnant and this time also she terminated the womb without the consent of her husband. The respondent filed a case in the Additional District Court, Delhi under sec 13(1)(ia) of the Hindu Marriage Act for getting a divorce from the appellant. The Additional District Court granted divorce to the respondent. The appellant approached the High Court to quash the order of the Additional District Court but the High Court dismissed her appeal. The present had been filled by the appellant for challenging the order of the Additional District Court and the High Court.
Issues:
- Whether aborting the womb without the consent of the other spouse amounts to mental cruelty?
Legal Provision:
Sec 13(1)(ia) of the Hindu Marriage Act
Appellant’s contention:
The appellant contended that, while the appellant became pregnant for the first time she aborted the womb due to the affection of the harmful radiation and she aborted the womb for the second time due to an acute kidney infection and while she became pregnant for the third time the womb was naturally miscarriage. Thus, there are valid reasons for the abortion and so this case couldn’t come under the mental cruelty.
Respondent’s contention:
The respondent contended that the appellant aborted the wombs without the consent of the respondent. While she became pregnant for the third time she aborted the womb without any valid reason and lied that the womb as aborted due to natural miscarriage. These incidents lead the respondent to be depressed and thus this case comes under mental cruelty.
Observation:
It was observed that aborting the womb without the consent of the other spouse will lead the spouse to be depressed. Even though there is a valid reason for the abortion the consent of the other spouse is necessary.
Judgment:
The Hon’ble Supreme Court held that even though there is a valid reason for the abortion, the consent of the other spouse is necessary. Aborting the womb without consent of the other spouse will come under the mental cruelty and according to sec 13(1)(ia) of the Hindu Marriage Act, mental cruelty is the ground for the divorce. The Hon’ble Supreme Court dismissed the appeal and confirmed the decree granted by the High Court and the Additional District Court.
Leave a Reply