Wife is unable to bear child, can divorce be applied on infertility
21-Jul-2023 (In Divorce Law)
Hi, I'm married since the past 8 years to my wife and we're a childless couple, due to my wife's inability to bear a child. We've tried all medical options like IVF etc. and finally concluded that she can't have a kid. I got frustrated and went for another woman and now want to marry her after getting divorced from my current wife. My query is what's my childless wife's alimony entitlement as per law and (she's a Homeopathic doctor but doesn't earn much. Assuming my salary is INR 100 per month, what's her entitlement and what's the best way to pursue such kind of divorces ?
It is totally the discretion of the court to grant you divorce, for any kind of ailment of wife, court generally does not pass orders for divorce, You can opt for mutual divorce that is one way out only and the ground of divorce should be mutual divorce will be non-compatibility. The provisions for Divorce under Hindu Marriage Act, 1955 are considered then mere inability to conceive or impotency alone are not grounds for divorce. Court will ask you to adopt in that case.
Should a husband divorce an infertile wife?
Infertility is not a valid reason for divorce, the Court ruled. There are many options available to couples who want to have children. In these circumstances, a spouse must be understanding as only the other can help a person regain mental, physical and emotionally strength. 20-Jan-2023
Is infertility a reason for divorce?
Infertility stress can cause divorce in couples who are infertile, either directly or indirectly. Emotional divorce often precedes formal divorce [11]. 12-Sept-2023
Can infertility ruin a marriage?
The loss can be greater if treatment fails. A 2014 study of almost 48,000 women found that couples who failed to conceive after fertility treatment were up to three-times more likely to break up. 13-Apr-2020
Is infertility a reason to break up?
Fertility problems can cause emotional stress that can break up a relationship. Diana Kirschner is a clinical psychologist who told health.com that going through a frustrating and disappointing experience together can push both partners to their limit and cause them to fall apart. 08-Feb-2021
Hi
I read your matter very carefully I want to discuss the total matter and suggested you to file divorce case and all the other necessary formalities.
Please call me when you feel free and comfortable.
Everything is taken care by me and my team.
I read your matter very carefully I want to discuss the total matter and suggested you to file divorce case and all the other necessary formalities.
Please call me when you feel free and comfortable.
Everything is taken care by me and my team.
First of all, It is most bad decision to Second Marriage before obtaining Divorce from 1st Wife. When you came to know that, she is unable to give birth of child. Why you should not take Divorce from her by way of Mutual consent. I think it was a good time for obtain Divorce. But in present situation, she obviously give objection if you file Divorce against her on the said ground. Moreover she will lodged complaint against you and your present wife before Police Station u/s 494 IPC. So if it possible take divorce from her amicably without filing divorce directly against her. Alimony or Maintenance is another weapon of your wife, which she will definetly utilised, if you do anything against her in this regard.
In India, infertility alone is not considered valid grounds for divorce. Certain High Courts have ruled that infertility of a woman cannot be a valid reason for seeking a divorce . Infertility is not listed as a ground for divorce under the Hindu Marriage Act, 1955 . It's important to understand that the law recognizes that there are several options available for couples to become parents, and infertility should not be a basis for ending a marriage .
While infertility itself is not a direct cause for divorce, it can lead to challenges within a marriage. If one partner wishes to end the marriage due to issues related to infertility, they would need to establish other legal grounds for divorce, such as cruelty, desertion, or irretrievable breakdown of the marriage, depending on the specific circumstances of the case.
It's also crucial for couples facing infertility to seek counseling, medical assistance, and support to address their issues and explore available options, such as adoption or assisted reproductive technologies.
In summary, infertility alone is not recognized as a legal ground for divorce in India, and couples are encouraged to explore other avenues to address their concerns and seek solutions to their fertility issues.
While infertility itself is not a direct cause for divorce, it can lead to challenges within a marriage. If one partner wishes to end the marriage due to issues related to infertility, they would need to establish other legal grounds for divorce, such as cruelty, desertion, or irretrievable breakdown of the marriage, depending on the specific circumstances of the case.
It's also crucial for couples facing infertility to seek counseling, medical assistance, and support to address their issues and explore available options, such as adoption or assisted reproductive technologies.
In summary, infertility alone is not recognized as a legal ground for divorce in India, and couples are encouraged to explore other avenues to address their concerns and seek solutions to their fertility issues.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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