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Sushil Kumar Verma v. Usha, 30 August 1983.


The husband plaintiff petitioned for divorce on the ground of cruelty after his wife became pregnant one month after their marriage and had the fetus aborted at a government-approved pregnancy termination centre without telling him of either the pregnancy or the abortion. The Court granted the petition, holding that the abortion of a fetus during the first pregnancy by a deliberate act without the husband's consent constitutes cruelty under Section 13(1)(ia) of the Hindu Marriage Act of 1955. It also stated that if one party to a marriage deliberately avoids procreation without the consent of the other spouse, the very purpose of the marriage is frustrated.

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