Upgrad LLM

husband can take dvorce???

lawyer

husband can take divorce???according to medical report wife can not deliver the birth to child..she has a pemanent body structure fault and not fit .in future she can never give the birth.  

 
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Consultant

YES,,,, but it should be medically proved.

 
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Advocate

Vikas Sir, I would like to know on what ground husband can take divorce in this case?


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advocate

No there is no such ground. Impotency is ground.  Medical ground what you have laid does not cover it.

 
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previously court refused such complain on divorce matter. matter is serious and required pointed attention of all.

 
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according to HMA no such ground exists.

 
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Adv P & H High Court Chandigarh

Yes. There is no such ground seeking divorce on the part of husband.

 

Why not such husband talk to his wife and seek her permission to second time keeping the same relations with her. Though it is illegal to marry for the second time during the life of her first wife but keeping in view the social obligations, it can be done with the prir permission of your first wife.

 
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Advocate

With due respect, I would like to differ from advise of Makkad Sir. Gone are the days wherein marriage is only for the reason of progeny. We should not forget there are many ways to foster a child now. It is rediculous to seek permission form the first wife to marry for the second time just for the reason that she is unable to deliver a baby.  It is not only iilegal but also, against humanity. Think about a situation where male is responsible for not having a baby, and tell me can we expect same from the spouse?


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advocate

IT NOT PROPER SEEK PERMISSION FROM WIFE FOR SECOND MARRIAGE. ONLY  RESON OF WIFE CAN'T DELIVER CHILD DUE TO IMPOTENCY..

I AGREE WITH SUCHITRA.


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what mr makkad says, not only beyond ligality but also inhumane. ms. sucharita rightly said. 

here i pray attention for the members, that in ancient india such types of system was there - where a male was appointed, to pregnant a female, where her own male  incompetant to do the job. this was called 'neyog' (in hindi) system.

 
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