AI Overview...
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Wife Unable to Conceive as Ground for Divorce - Several sources indicate that inability to conceive can be considered a valid ground for divorce under certain circumstances, especially when it causes mental cruelty or significant distress. For instance, allegations of cruelty and misconduct related to the failure to conceive have been used to contest divorce petitions, with wives sometimes behaving oddly or misbehaving after discovering their infertility Sarbjit Kaur VS Lakhvir Singh - Punjab and Haryana, Sarbjit Kaur VS Lakhvir Singh - Punjab and Haryana.
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Legal Perspectives on Infertility and Divorce - Courts have examined whether infertility constitutes cruelty or misconduct justifying divorce. In some cases, the wife's behavior after learning of her infertility (e.g., odd behavior, misbehavior with husband and family) has been considered relevant, but the courts have also emphasized the importance of material facts and bona fide intentions, sometimes dismissing divorce petitions if cruelty is not sufficiently established Sarbjit Kaur VS Lakhvir Singh - Punjab and Haryana, Sarbjit Kaur VS Lakhvir Singh - Punjab and Haryana.
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Maintenance and Post-Divorce Rights - The ability of a wife to claim maintenance after divorce due to infertility or adultery has been debated. Generally, a divorced wife who is living in adultery or has not re-married may not be entitled to maintenance, but if she is a divorcee and not re-married, she may still claim maintenance unless other grounds like adultery or promiscuity are proven Y. MANGATAYARU VS Y. SESHAVATARARO - Andhra Pradesh, Y. Mangatayaru VS Y. Seshavataram - Crimes.
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Infertility and Grounds for Divorce in Specific Cases - Courts have rejected divorce petitions based solely on infertility if other grounds like cruelty or adultery are not established. For example, allegations of adultery or cruelty related to infertility have been insufficient for divorce if not supported by material evidence Ashok Kumar Aggarwal VS Anju Raje - Punjab and Haryana.
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Summary and Conclusion - While inability to conceive can be considered a ground for divorce, especially when linked to cruelty or misconduct, it is not an absolute ground. The courts evaluate the behavior, intentions, and material facts surrounding infertility claims. Maintenance rights post-divorce depend on the circumstances, particularly whether the wife is living in adultery or re-married. Overall, infertility alone may not automatically justify divorce but can be a significant factor if accompanied by cruelty or misconduct Sarbjit Kaur VS Lakhvir Singh - Punjab and Haryana, Sarbjit Kaur VS Lakhvir Singh - Punjab and Haryana, Y. MANGATAYARU VS Y. SESHAVATARARO - Andhra Pradesh, Y. Mangatayaru VS Y. Seshavataram - Crimes, Ashok Kumar Aggarwal VS Anju Raje - Punjab and Haryana.
References: - Sarbjit Kaur VS Lakhvir Singh - Punjab and Haryana - Sarbjit Kaur VS Lakhvir Singh - Punjab and Haryana - Y. MANGATAYARU VS Y. SESHAVATARARO - Andhra Pradesh - Y. Mangatayaru VS Y. Seshavataram - Crimes - Ashok Kumar Aggarwal VS Anju Raje - Punjab and Haryana
Search Results for "Wife Unable to Conceive can be Ground of Divorce"
2019 0 Supreme(P&H) 1999 • India - Punjab and Haryana
RAJAN GUPTA, KARAMJIT SINGH
Issues: The issues revolved around the allegations of cruelty and misconduct, the failure to conceive, and the conduct of ... petition in establishing the ground of cruelty. ... The appellant-wife contested the divorce petition, alleging suppression of material facts by the respondent-husband and cruelty towards ... There are also allegations that the appellant-wife started behaving in odd manner, when she came to know that she was unable to conceive#HL_END....
2019 0 Supreme(P&H) 2524 • India - Punjab and Haryana
RAJAN GUPTA, KARAMJIT SINGH
on the ground of mental cruelty. ... The appellant-wife contested the divorce petition, alleging suppression of material facts by the respondent-husband and denying the ... , leading to the dismissal of the divorce petition. ... There are also allegations that the appellant-wife started behaving in odd manner, when she came to know that she was unable to conceive due to medical problem. She started misbehaving with her husband and other members of his family. ... Lear....
1988 0 Supreme(AP) 458 • India - Andhra Pradesh
G.RADHA KRISHNA RAO
ground that she has not been re-married The Legislature never contemplated that what normally a wife is not entitled, would be given ... was living in adultery and continues to live in adultery even after the divorce, she is not entitled to claim mair1tenance on the ... to a wife to a wife, could not be expected to be granted to a divorced wife, in whose favour a limited benefit has been conferred ... Moonis Fatima the observation was to the effect that once the husba....
1985 0 Supreme(Del) 62 • India - Delhi
D.R.KHANNA
RIGHT - HUSBAND'S RIGHT TO SEEK DIVORCE ON THE PLEA OF NO COHABITATION MAY BE REFUSED ON THE GROUND OF LACK OF BONA FIDES - PROVISION ... Kewal Krishan then filed a petition for divorce on the ground that more than a year had passed since the decree for restitution of ... Issues: Whether Kewal Krishan was entitled to a divorce on the ground that more than a year had passed since the decree for ... Khanna ... ( 1 ) MAINTENANCE, husband takes the wife to his home but n....
• India - Crimes
G.S.AHLUWALIA
—Revision—Plea that maintenance application was filed after delay of 13 years and that application had obtained divorce decree—Contention ... decree was obtained ex parte and respondent had filed appeal and applicant had no case that respondent had remarried after divorce—Grant ... matrimonial home about 13 years ago and she lodged complaint and she was ousted about 1½ years prior to date of recording of evidence—Divorce ... The respondent is an illiterate lady and taking advantage of the illiteracy, the applicant obtained an ex-parte dec....
• India - Crimes
G.RADHA KRISHNA RAO
maintenance on ground that she lived in adultery-- Sections 397/401-Wife filed revision petition -Petitioner living in adultery ... even after divorce-Truly, petitioner not re-married - Whether the petitioner entitled to maintenance (No)-Promiscuous life fatal ... Code of Criminal Procedure, 1973 -Section 125-Wife as a divorcee claimed maintenance allowance - Trial Court refused to grant her ... Moonis Fatima,13 the observation was to the effect that once the husband divorced his #HL_S....
2009 0 Supreme(P&H) 1665 • India - Punjab and Haryana
VINOD K.SHARMA
that her sister was residing in that house--Husband not entitled to decree of divorce. ... (A) Hindu Marriage Act, 1955, S.13--Divorce--Adultery--It was incumbent upon husband to have impleaded alleged adulterer party in ... (P.12) ... (B) Hindu Marriage Act, 1955, S.13--Divorce--Cruelty--Adultery ... This allegation again cannot amount to cruelty which could entitle the appellant to a decree of divorce. Learned matrimonial court rightly rejected this ground. ... The appellant sought a decree of #HL_ST....
2020 0 Supreme(Guj) 345 • India - Gujarat
J.B.PARDIWALA, VIRESHKUMAR B.MAYANI
Criminal Procedure Code - Section 125 - Appeal is at instance of original defendant and is directed against judgment and decree for divorce ... after marriage - It appears that an FIR was also lodged by plaintiff for offence punishable Indian Penal Code - As plaintiff was unable ... In the wedlock, the plaintiff conceived, but unfortunately, as alleged on account of physical cruelty at the end of the defendant ... (4) Whether plaintiff proves any other ground for divorce? (5) Whether plaintiff is entit....
• India - Crimes
J.B.PARDIWALA
that he had obtained decree of divorce on ground of desertion—Magistrate dismissed application—Sessions Court in revision rejected ... under Section 125 Cr.P.C. despite fact that a decree of divorce was passed by competent court at the instance of husband on ground ... on ground of desertion against respondent wife—Earlier he was paying maintenance fixed in a petition under Section 125 Cr.P.C. ... A husband who has obtained divorce on the ground of m....
2017 0 Supreme(Guj) 961 • India - Gujarat
J.B.PARDIWALA
that a decree of divorce was passed by the competent Court at the instance of the husband on the ground of the wife deserting the ... ---even after divorce granted in favour of the husband on the ground of desertion, the wife is still entitled for the allowance of ... ---A husband who has obtained divorce on the ground of moral contumaciousness of his wife is also liable to pay maintenance to his ... A husband who has obtained #HL_S....
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