Patna News: Inability to bear child is not a ground for divorce, says High Court

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Madhulika Rai
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Patna News

Patna News

Patna News: In an important statement given by the Patna High court, the court had dismissed a man’s revision’s plea against the family court’s rejection of his matrimonial case for divorce against the Hindu Marriage Act. The court said that the inability to bear a child does not give you a ground for dissolution of marriage. The Patna High Court also observed that the woman is not able to bear the child due to the cyst in her uterus , and the husband wants to file for a divorce and remarry so that he can have child.

Court: Inability to bear child not a ground for divorce

The Judges of the Patna High Court said that the inability to bear a child is not impotence or a ground to dissolve marriage.  The court had asked couples to resort to other means of having a child like adoption, instead of filing for divorce. The court said that divorce is not granted under such circumstances under the Hindu Marriage Act.

HC observation on Divorces over infertility

The Family had dismissed the man’s plea as he failed to prove the allegations of cruelty made against the wife. The husband also claimed that her conduct towards his family members was also inappropriate during her stay in the Matrimonial house. He also claimed that her only intention was to consummate the marriage and not start a family. He also claimed that the woman had undisclosed meetings with other men of her village.

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Patna News