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Is infertility a ground for divorce in india ?


14-Jun-2024 (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 ? is infertility grounds for divorce ?
Answers (4)

No -mere infertility/sterility is not by itself a recognised ground for annulment or divorce; the statute treats impotency (incapacity to consummate) as a ground (HMA s.12(1)(a)) and courts have repeatedly held that inability to procreate (sterility) is distinct from impotence (incapacity to have normal intercourse) (Yuvraj Digvijay Singh v. Pratap Kumari). [https://indiankanoon.org/doc/368948/] [https://indiankanoon.org/doc/1514023/]. On alimony: a low'earning wife can seek interim maintenance (HMA s.24) and permanent alimony (HMA s.25) or maintenance under S.125 Cr.P.C.; the Supreme Court in Rajnesh v. Neha set out the factors and procedural rules (disclosure of assets, standard of living, both spouses-incomes, duration of marriage, reasonable needs) and emphasised there is no fixed formula -with your salary of Rs.100,000/month a court will weigh your income, her income and needs and may award interim or permanent payments accordingly, but the exact quantum is fact'specific. [https://indiankanoon.org/doc/95286/] [https://indiankanoon.org/doc/117541087/] [https://indiankanoon.org/doc/1056396/].

Answer #1
488 votes
In India, infertility is not considered a valid legal ground for divorce on its own. It is viewed as a medical condition, not a fault or misconduct. Courts have consistently held that infertility does not justify ending a marriage unless it is accompanied by mental or physical cruelty, deception, or non-disclosure at the time of marriage. While infertility can understandably cause emotional strain and marital discord, the law encourages couples to explore alternatives such as adoption or assisted reproductive techniques rather than using infertility alone as a reason to seek divorce.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
670 votes
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.
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Advocate Aveek Bose

Adv. Aveek Bose

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Answer #3
883 votes
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.
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Advocate Sanjoy Acharjee

Adv. Sanjoy Acharjee

LawRatoJalpaiguri | 400+ Answers
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Answer #4
709 votes
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.
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Advocate Mita Banerjee

Adv. Mita Banerjee

LawRatoKolkata | 100+ Answers
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