Virendra Gahwai, Bilaspur. Even after not living with the husband, the wife had 8 to 12 abortions, the High Court has considered this as a ground for divorce. The court has accepted the husband’s petition and approved the divorce when the way for reconciliation between the husband and wife was closed.
Actually, the petitioner husband married a woman from Durg district in 1996 as per Hindu customs. In 2005, the husband went to Maharashtra for his work. After this, he was transferred to Kerala. In 2006, a daughter was born. Meanwhile, the wife was in contact with another man and despite the husband not being with her, she got an abortion done 8 to 12 times. Every time, her lover stayed with her in the hospital instead of her husband. Despite this, the husband compromised and agreed to keep her with him. But the wife continued to keep in touch with the other man, so the husband applied for divorce in the Durg Family Court. The Family Court rejected the husband’s application on the basis of oral evidence. On this, the husband filed a petition in the High Court.
The case was heard in the DB of Justice Gautam Bhaduri and Justice Rajni Dubey. During the hearing, the court considered the medical report and the wife’s 8 to 12 abortions and the statements of the husband’s brother and the maid as strong evidence and accepted the husband’s divorce petition.
