Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RS (....)     11 May 2014

Infertility of wife after 2yrs of compromise and quashing 4

Dears, I ,employed abroad for last 2 years, was married in 2005, wife joined me abroad in 2 months. she came back after 7 months and filed 498a&406 within 6-8 months against me, my parents, and 2 younger bachelor brothers. we contested, finally bail granted to parents and brothers after 2 years and further brothers names were removed by hon. P&H High court with a strong order against wife. i was declared PO without our knowledge and finally i contested and got it quashed after 3 & 1/2 years. on return to india for trial, wife refused to fight case and apologized in front of judge in writing for her misdeeds and sought last chance for reconciliation. somehow  and under the advise of my lawyer we agreed in 2010 and finally 498a/406 quashed in 2012 dec. i didnt allow her to join me till FIR was finally quashed in 2012 dec. and we have been togther since jun 2012. Now, her medical ( gynaecologcal) condition has worsened and finally her doctor who is renowned gynaecologist & IVF expert with 35 years experience has told us of her inability to give birth unless a miracle. i am 41 and she is 39, age is running by fast without any fruitful future together  . what are my chances of getting divorce if filed except mutual? she is not a good companion and life wouldnt improve rather shorten if i continue her as a partner. she is extremely clever, crooked and aware loopholes in indian laws and an expert at misusing it. Rgds.  


 3 Replies

Ranee....... (NA)     12 May 2014

Infertility is not a ground of divorce. There are many advanced technology available nowadays to have a baby.

Gautam Kapoor (IT professional Studying Law)     12 May 2014

@RS- this is the very precise reason why taking back a false 498 woman IS A STRICT NO NO.Many people fall under the guiles of 498 compromise because they cannot take the initial suffering for 2-3 yrs and settle the matter.Little do they realise that their whole life will be in peril after you have taken back your false 498 lady.Strained relations can never be restored to status quo..marriage only remains a compromise and moreover after the lady has tasted blood she is more emboldened for her next misadventure. Now coming to your divorce question.Im not sure if infertility (different from impotence) is a valid grounds for divorce and that too given her age. If you can prove that she was infertile before marriage and has wilfully concealed this from you then the grounds of divorce can be taken.Also before submitting any petition better getting you medically evaluated as well to prove your credentials. Ending this topic take precautionary steps on DV and maintenance.

T. Kalaiselvan, Advocate (Advocate)     12 May 2014

As rightly observed and advised by Mr. Gautam Kapoor, she may resort to her old mischief, if you plan for a divorce against her on whatever grounds including MCD.  Considering her age, she may feel an in-secured future either financially or otherwise if the very thought that you are once again planning to discard her comes to her mind. Infertility discovered at this stage of married life cannot be considered as impotency hence, a petition on that ground will not sustain.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Start a New Discussion Unreplied Threads

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query