Legal Question in Family Law in India
there is a law that wife or husband cant refuse to have a child.
i am female married under HMA
my inlaws & husband pressure me to have child.but i refusing because of below reasons:
1. my husband is voilent.this will affect child's emotional devlopment
2. inlaws also very indulging.husband dances to ther tunes.he iz immature.cant take decisions himself.only under his mum's orders.once he spent extra on me.his mum shouted a lot.so he called me burden...so how will he take care of child if his expenses are also more sometimes?
3. my inlaws seems to have some psychological problem.so these may pass on to child.although i have no proof but ther behavors suggest it.
4. in such environment i am into stress and tenson.cant look after child at this stage.also dont want divorce due to personal reasons.
5. they all threat for divorce if i refuse child,but under above situations,is it sensible to have child?there are many more egs. that suggest that family environment is not okay for a child's nourishment.but inlaws beng orthodox dont understand.and hubby blindly follows them.
first i want harmony at home.then i can think.if i cross my age we can adopt later on.but i dont want child unless husband matures,cares for me properly, takes own decisions. otherwise me and child both suffer in future.
can the court understand my reasons and dismiss his divorce plea and rather.let the environment become better and husband heal mentally before child planning?
otherwise if i have a child to please society and the environment continues being bad,will the court come to my rescue?
i want my husband to take therapy from counselor before becoming dad but who wil listen?can a lady not take decision in indian family because of these draconian laws?
2 Answers from Attorneys
You have not clearly narrated your facts. If he has already filed for divorce, you may need to defend your case properly. Your refusal to bear a child may not be a ground for divorce. There is no requirement in law compelling a woman in marriage to have children. However, refusal to cohabit with the husband may be ground for divorce as it may constitute mental cruelty.
in case you do not want the child, your husband will not get divorce solely on this ground. he cannot even deprive you of the residence where you staying. bearing a child is decision to be taken by both the consenting partners and in case you feel that bearing the child would adversely affect his growth, you have all the rights to put your foot down. just for the fear of society, you cannot let a life go waste. in case the cruelties are unbearable, you may file a complaint under domestic violence act and seek restraint orders against inlaws and husband while staying there.
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