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praveen kumar (law student)     06 January 2012

Childless marriage

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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 24 Replies

Kumar Doab (FIN)     06 January 2012

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.

1 Like

GURMUKH (CS)     07 January 2012

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 !!

Shantanu Wavhal (Worker)     07 January 2012

rightly advised.

I agree.

Self service (None)     07 January 2012

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.

Self service (None)     07 January 2012

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

praveen kumar (law student)     08 January 2012

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.

Shantanu Wavhal (Worker)     08 January 2012

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 ??

1 Like

(Guest)

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

Shantanu Wavhal (Worker)     08 January 2012

@ 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 ??

1 Like

(Guest)

@ Amit Ji, thanks for you logically correct question.

My opinion was based on if a husband/wife is able to reproduce they should be given chance whether that is 2nd,3rd,4th,5th ... (God can not be that cruel to husband/wife) so that they can reproduce their kids for what they married also.

1 Like

praveen kumar (law student)     08 January 2012

I agree this, marriage is the institution the main purpose of which is to reproduce. In otherwise case marriage is worthless. A person marries because he has to make family and without child there is no purpose of life. A person must get chance to reproduce and bigamy in such cases sould have been legal. yes, the right of the first wife must be protected.. Isn't it.

2 Like

Shantanu Wavhal (Worker)     08 January 2012

cant adoption be better option ??

1 Like

Shantanu Wavhal (Worker)     08 January 2012

adoption will help orphans !!

child = happy.

parents = happy.


real happiness lies in making others happy !!!


1 Like

Shantanu Wavhal (Worker)     08 January 2012

A person must get chance to reproduce and bigamy in such cases sould have been legal. 

 

further, suppose,

the husband is impotent - the wife should also be given chance to avail the same provision.

the wife will live with either husband on alternate days.


will it be just / logical / legal to also make above amendment ??

1 Like

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