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mrgop (Owner)     07 November 2010

Low sperm count ground for divorce?

My newly married friend's husband is under treatment for male infertility due to low sperm count, and there is no chance of improvement and its not curable. So, can she apply for divorce on this ground? whether Infertility a ground for divorce as per Hindu marriage Act?



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 9 Replies

Jamai Of Law (propra)     07 November 2010

No.

 

There is no such ground for divorce in HMA at least, even by way of theory of frustration. This is not a cruelty/fault also.

 

Marriage can't be annuled also as not remained unconsummated.  

 

There is difference between impotency and infertility. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 November 2010

Even one sperm is sufficient for fertility so where is problem for low sperm count. And due to modern practices we have forgot to use ancient methods where there are vurtually free cure for such problems.

Prasad Patwardhan (Techno-Legal professional)     07 November 2010

There are 2 things to lookm into.

1] Low sperm count , where the modern external techniques like IVF/ICSI etc which can work even with 1 sperm can be explored. These days there is a good success rate. However the question remains if they too fail.

2] Low count + low quality of sperms. For external techniques to work, the sperm has to be matured to a certain extent. There are cases where the sperms are below this level throughout its life and so these techniques yield low success.

After exploring various options , the wife can collect sufficient ground for divorce.

Although there is no specific act to support, it would be worth to explore and seek an amendment.


(Guest)

One sperm does the job. If you don't want to increase sperm count by taking larger Zinc intake, try ejaculating as closs to to the cervix as possible. Best positions are 1. Missionary 2. Doggie. so that your sperms meet eggs[ovum] quickly. Use search engine. Law sperm count is no ground for divorce.

Bhartiya No. 1 (Nationalist)     07 November 2010

They can opt for artificial insemination or thru any other assisted parenting method, or surrogacy.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     07 November 2010

LOW SPERM COUNT  DOES NOT A GROUND FOR THE DIVORCE .

N.K.Assumi (Advocate)     07 November 2010

Very interesting indeed?

Avnish Kaur (Consultant)     07 November 2010

no it is not impotency u/s 12 1 a , it cannot be a ground for divorce. try IVF if there are few healthy sperms. contact an infertility specialist. there are some methods to improve sperm count a bit.

even still u want divorce, its very easy for a female to make a man submit his divorce.

adv. rajeev ( rajoo ) (practicing advocate)     07 November 2010

It is not ground for divorce.


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