Inability to bear a Child : A ground for divorce?

Marriage was always thought to be an unbreakable bond between a husband and a wife; therefore, people had never heard of divorce. Only death may separate and end the bond between a husband and wife, according to Manu, a brilliant commentator from ancient India.

On the other hand, the divorce laws of today have significantly altered how marriage is seen. Divorce and the reasons for it are covered in Section 13 of the Hindu Marriage Act of 1955. People can now divorce on any of the grounds listed in the Act since divorce is no longer taboo. However, as the goal of the law-making body and the court has always been to uphold the institution of marriage, Section 14 of the Act stipulates that no divorce petition may be filed by either party to a marriage within a year after the union. The once-thought-to-be-unbreakable link or relationship between a husband and wife has evolved with time; they may now be divorced. A lot of changes have also been brought about by the introduction of remarriage.

Grounds of Divorce

Adultery

It’s possible that in certain nations, adultery is not viewed as a crime. The Hindu Marriage Act, however, lists adultery as one of the most significant grounds for divorce when it comes to marital infidelity. Adultery is defined as the voluntary and consenting physical contact between a married person and a person of the opposite sex, whether they are both legally married or not.

Cruelty

The idea of cruelty encompasses both mental and physical maltreatment. When one spouse beats or otherwise physically harms the other spouse, this is considered physical cruelty. However, the idea of mental cruelty was added since one spouse might also subject the other spouse to mental anguish.

Desertion

Desertion is when one spouse is permanently abandoned by the other without their permission or any justifiable excuse. Generally speaking, when one side refuses to accept the responsibilities of marriage. 

Conversion

If one of the spouses changes his or her faith without the other spouse’s permission, the other spouse has the right to file for divorce.

Insanity of the mind

When someone is insane, they are considered mentally unstable. The following two conditions must be met for insanity to qualify as a cause for divorce:

• The respondent has a history of mental instability.
• The petitioner cannot fairly be expected to live with the respondent because of the respondent’s ongoing or intermittent mental condition of such sort and severity.

Leprosy

Leprosy is an infectious disease that affects the neurological system, mucous membranes, and skin, among other things. Consequently, it is seen as a legitimate basis for divorce.

Venereal Illness

According to this theory, a sickness that is contagious and may be passed on to the other spouse qualifies as a legal reason for divorce.

Renunciation

It means that the other spouse may go to court and request a divorce if one spouse chooses to give up the world and follow God’s way.

Presumption of Death

In this situation, the individual is assumed to have passed away if their friends or relatives do not get any news about them for seven years, whether they are living or dead.

Inability to bear a child

In the case of Sonu Kumar v. Rina Devi, Wife of Sri Sonu Kumar, Miscellaneous Appeal No. 204 of 2018, Patna High Court held that the inability to have children is not a legal reason to end a marriage. According to the court, it appears that the husband wants to divorce the wife because she has a cyst in order to remarry and have a family. This husband’s motivation is amply demonstrated by the evidence and the pleading. It is crucial to note that neither partner has any control over the onset of a sickness while the marriage is still active.

The other spouse has a marital obligation to cooperate, put up with it, and support the other spouse in such a circumstance. It’s also important to note that being unable to have children is neither a sign of impotence nor a reason to end a marriage. Any married person may experience this risk of infertility, and the participants in a marriage may turn to other child-bearing methods like adoption. According to the Hindu Marriage Act, divorce is not permitted in certain cases.

The court also stated, “As such, the ground of desertion is not made out because, as per Section 13(1)(b), desertion must be for a continuous period for not less than this was owing to the fact that the divorce petition was filed less than two years after the marriage and the woman had been living with her parents for more than only lived with the husband for two months.

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