This Article is From Oct 07, 2010

Divorce on mind, husband gets wife's abortion done

Mumbai: Sana, 25, says she could feel her unborn child move in her womb when she was compelled to abort it. Her husband Riaz, she says, wanted to do away with their child because he had made up his mind to divorce her and this was the only way he could avoid paying maintenance.

Sana has sought appropriate punishment under law for her husband and in-laws. But what she cannot forgive is Riaz's false promises that led her to take the life of the foetus.
Sana's marriage, which took place in November 2009, was never a bed of roses. But Riaz promised her that if she aborted their child, they would move into a new house and have as many children as they like. "She was desperate to save her marriage and fell for his promises. But as soon as the child was aborted, Riaz divorced her," Sana's advocate Nilofer Saiyed said.

A lawyer, Sana has alleged in an affidavit to a court that she was physically and verbally abused for dowry by her in-laws, who wanted a flat, a gold chain and a ring from her family. The torture intensified during her pregnancy and she was not given food on days. On occasion, she was slapped, kicked, and hauled by the hair, her affidavit states.

"I, being the mother of the foetus, could never be ready for an abortion as I was very well connected to my baby. Usually I could feel its movements... Its life had been my life," the affidavit states. "Also, there was a lot of danger in undergoing the abortion of a nearly five-month-old foetus."

On April 16, succumbing to pressure from her in-laws, Sana got her 17-week-old foetus aborted in a hospital in Grant Road. Sana said her mother, who studied only till standard five, was made to sign the consent papers by her in-laws. After the abortion, her husband or in-laws never showed up at the hospital. Sana now lives with her parents in Dongri.

"If she had to abort the child herself, why would she wait 17 weeks? Wouldn't she do it sooner to avoid risking her health?" Saiyed said. "She later learnt that the aborted child was a boy. She is inconsolable."

On May 15, Sana filed an FIR against her husband, his parents, and five members of his family. On May 26, Riaz, his two brothers and father were arrested, but released on bail. Sana has also sought the return of jewellery worth Rs10 lakh. The case has been remanded to the Sewri sessions court. (Names changed to protect identity)

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