Wife's Wish To Work After Marriage Is Not Cruelty: Bombay HC

The Nagpur bench of the Bombay High Court recently made a major decision, concluding that a wife's desire to work does not imply cruelty under Section 13 of the Hindu Marriage Act.

The Bombay High Court's Nagpur Bench delivered the decision in a divorce petition by a man.  The man claimed that wife frequently argued with him over her desire to work and delay having children, until she got a job. According to Bar and Bench, he reported that his wife had an abortion without his consent. On Tuesday, October 4th, the Bombay High Court's bench led by Justices Atul Chandurkar and Urmila Joshi-Phalke ruled that the wife's acts did not violate Section 13 of the Hindu Marriage Act.

Women working after marriage is not cruelty, says HC

The court added, "In this case, a wife who is well-qualified and desires to work can not be a cruelty. The husband must make a specific claim that the wife's behaviour made it difficult for him to coexist with her."

Suggested Reading: Getting Married To A Stranger Is Right, But Dating Is Shameful, Why?

In response to the man's claim of abortion without his permission, the court noted that the woman was prepared to take responsibility for the child, for which she stopped taking  tuition classes as well. Besides, the court stated- the woman has right to make choice about her own body. Recently, the Kerala High Court ruled that a woman can terminate her pregnancy without her husband's permission.

In a historic decision last week, the Supreme Court determined that all women, regardless of their marital status, had a right to safe and legal abortions. The Supreme Court ruled that, up until 24 weeks of pregnancy, any woman, married or single, has the legal right to an abortion under the Medical Termination of Pregnancy Act and its regulations.

On October 4th, the court also denied the husband's request for a divorce and also rejected a different justification for the separation. The court noted that the husband made no attempt to bring the wife back to the matrimonial home despite his claim that it amounted to desertion that she had left his house within four years of their marriage.