What are the legal remedies/options open for a husband in case of wifes infertility?
Nicole Gomez (Student ) 05 October 2020
Infertility is not a ground for divorce. As per Section 13 of the Hindu Marriage Act, impotency can be a ground for divorce but infertility is not a ground as such. Medical science has advanced to a great extent and a woman may be able to conceive using latest techniques like artificial insemination, etc. Further, the court may suggest adoption.
However, one can claim that the wife's infertility has caused mental cruelty and harassment and thereafter file for divorce. This is one of the grounds stipulated under Section 13 of the Hindu Marriage Act. Divorce can also be obtained with mutual consent.
But, if the woman was aware about the infertility and kept the same undisclosed from the spouse, it can be used as a ground to annul the marriage.
Sudhir Kumar (Dy Director) 05 October 2020
Mental cruelty can be imputed on wife for agony caused due to any action of her. Not for divine cause.