A recent judgment of the Calcutta High Court over a divorce petition was noteworthy. It said: "The reason of infertility is not a ground for divorce. There are several options to become parents." This observation was made while dismissing a revision petition by a husband against criminal proceedings initiated by his wife against him.
The petition sought quashing of a chargesheet and proceedings pending before the judicial magistrate, Sealdah, under Section 498A/406/323/34 of the Indian Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act, 1961.
The couple's marriage was solemnised in 2008 as per Hindu rites and customs. The wife developed various medical conditions and disorders which ushered in primary infertility with premature menopause, rendering her incapable of conceiving. She blamed her husband for this and resumed self-medication at the advice of her family. This led to deterioration of her condition, causing her to be hospitalised and treated at the National Institute of Mental Health and Neuro Sciences, Bangalore.
Unable to endure the persistent mental torment and agony, the husband in June 2017 served a divorce notice to his wife. In retaliation, a month later, the wife lodged a written complaint in Beliaghata police station implicating her husband and his family and the start of criminal proceedings.
This story is from the February 13, 2023 edition of India Legal.
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This story is from the February 13, 2023 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
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