JUDGMENT (Oral)

1. An appeal under Section 19(1) of the Family Courts Act, 1984 has been filed against the Order dated 31.05.2022 vide which the application of the appellant/husband under Section 151 CPC seeking directions to the respondent/wife to issue "No Objection Certificate" for having a child from a surrogate mother, was dismissed.

2. The appellant/husband had filed a divorce petition on the grounds of cruelty under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 in the year 2022. During the trial, he moved an application under Section 151 CPC wherein he submitted that he is already 54 years old and divorce proceeding shall take substantial time to be disposed of. With growing age he would become less capable to perform his duty as a father. He is left with no option but to have a child through surrogacy to carry forward his DNA line and there is no chance of his becoming a father without the cooperation of the respondent/wife. Therefore, a prayer was made to direct the respondent/wife to issue a "No Objection Certificate" to the petitioner/appellant to have a child through a surrogate mother.

3. The respondent had submitted that she had cooperated with the appellant for IVF