When considering the impact of ovarian cancer on relationships and family it is wise to remember the ethnic context. This recent case in the Madras High Court will have caused concern but it is illustrative of some pressures that women face after surgery that are not often discussed.
The Appeal Court in Madras supported the findings of a lower court which stated that removal of a uterus as part of initial treatment for ovarian cancer did not constitute mental cruelty to the husband and dismissed the appeal.
The husband’s case was that the denial of the ability to have children was cruel to him and that the cancer had been present before the marriage and concealed. Divorce was sought by the husband under the Hindu Marriage Act which unlike in most western countries does not have a “no fault” separation clause, meaning that cause needs to be shown. This has changed recently.
Although outrageous to some, this action should be recognised for its context. Inheritance is very significant in the Indian culture which is collectivist in nature; meaning that individuals expect their relatives to be their guardian especially in old age. This was partially supported by the court which said that the wife should not unreasonably obstruct surrogacy or adoption.
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