Childless marriage

law student

if the wife has not conceived even after 7 years of marriage and is not able to conceive, can a person seek divorce on this groung or do second marriage without divorce..  what is the legal position.

 
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FIN

No.

The query is straightway pointing that a woman is infertile?

Has the doctor confirmed it?

Has the doctor recommended other scientific ways e.g. IVF etc and does the couple agree? Adoption is other option; surrogacy is another option, if the couple agrees?

Elders and councilors can play a vital role and can avoid both partners from being tormented.

It is in the interest of institution of marriage if the couple agrees to accept the reality and to remain faithful to vows of marriage and support each other.


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Infertility is neither a ground for divorce under Hindu Marriage act 1955 nor under special marriage act.... So forget it.

You cannot get divorce on this ground..... U cannot marry another woman as this will be treated as bigamy which is an offence.

Adoption is an option; surrogacy is another option.

 

Good Luck !!

 
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Worker

rightly advised.

I agree.

 
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None

All depends on wife's attitude. She can not force to adopt. If she is co-operative on medical treatment than you can not call as cruelty. But if she refuses medical treatment and force you some thing you don't want than yo can file divorce.

 
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None

Not able to and not ready to - these two make big difference.

 
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law student

actually not able to, due to she undergone major surgery of stomach for severe ulcerative stomach problem and this is the main reason. forced pregnancy by aritificial medical technique may also be fatal for her and childd,too.

 
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Worker

apart from legal provisions, 


isnt this the duty of the husband to support the wife in such grave situation ?


what would have been the husband's reaction; if he were in the place of the wife ??


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There are some defeats more triumphant than victories

In these type of cases Hindu Marriage act should provide second marriage legal.

 
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Worker

@ SmilePlease,

 

are u suggesting to legalize bigamy ??

further, what if 2nd wife is also not able to conceive ?? would u suggest 3rd marriage as remedy ??


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