A couple got married three years ago. Soon after marriage the couple started trying for a baby. But inspite of their sincere effort of 10 months, the wife failed to conceive. Medical reports of both the husband and the wife were normal. Henceforth, 10 months after marriage the wife was thrown out of her matrimonial house on charges of infertility. Her husband wanted mutual divorce, to which she didn't comply. Inspite of the wife's and her parents' repeated requests to restore her marital life, the husband and his parents were hell-bent upon divorce and disallowed her entry to her matrimonial house.
After a series of failed reconciliation talks, the wife filed for Restitution of Conjugal Rights. In retaliation the husband filed a Divorce petition on grounds of cruelty, desertion and infertility. The cases are still in-progress at a lower court, but everything is going in the wife's favour till date. Evidences and medical reports disprove and dismiss all of the husband's allegations. However, the husband is still firm on his decision of divorce. He adamantly declared infront of the open court that even if he loses his case, no court in the world and no law in the world can force him to restore physical relationship with his wife.
Kahani me Twist: Heavily upset by her husband's adamant attitude, the wife decided to opt for single motherhood with donor sperm via Artificial Reproductive technique IVF. The lady is in her mid-thirties and thought it futile to waste further time over legal battle with a reluctant husband. And yes, SHE has CONCEIVED by IVF!! She is now 5 months pregnant. The sperm was collected by the hospital authorities from a sperm bank from an anonymous donor. But the lady's offense is, at the hospital she had declared herself as "unmarried" so that she doesn't require her husband's written consent to avail the donor sperm. [Unmarried, divorced and widowed ladies are eligible for single motherhood with donor sperm without anybody's consent, but married and separated ladies need their husband's consent to use donor sperm.] This lady's husband is still unaware of her pregnancy since they are separated long back (after 10 months of marriage). The court is also unaware of her pregnancy. Likewise, the hospital authorities are unaware of her true marital status.
The lady now wants to give mutual divorce to her husband and raise the child as a single mother without any paternal identity. But as we all understand, this lady is now in a grave danger both from the law of the land and from the hospital authorities (in case they come to know the truth), leave alone her husband. Naturally, she is quite concerned and concerned us too with a series of disturbing questions, some listed below. She is one of our office colleagues and I have known her as a very sincere, hard-working and honest lady all these years.
1. What kind of legal danger, defamation and penalty do you lawyers foresee her to go through?
2. She knows her divorce will be confirmed if her offense is out and she is now infact keen to get divorced. But what else more punishment can she expect from the marital front?
3. What legal steps can the hospital authorities take against her once they learn the truth? Does her action come under criminal conspiracy?
4. Can she get imprisoned?
5. She is most worried about this query - Will the birth certificate of the child get stamped as "CORRUPTED", by court order? This can destroy the entire future of the child. Or nothing like this ever happens/happened? The lady is just too worried?
6. Similarly, will all the medical documents of the lady in relation to her IVF and pregnancy get stamped as "CORRUPTED", by court order?
P.S.: Please restrict the discussion only within legal boundaries. Don't include social issues like what will people and society say, etc.