The Patna High Court said that the inability to bear a child is neither impotence nor any ground for dissolving the marriage. A bench comprising Justice Jitendra Kumar and Justice PB Bajanthri was hearing an appeal of a husband challenging a Muzaffarpur Family Court order refusing to grant him a divorce on the ground of cruelty by his husband.
The husband said that their marriage was solemnised in 2015 and his wife refused to cohabit and consummate the marriage with him saying that she has not married for making a family but to break her virginity and during her stay at her matrimonial home, her conduct was not proper towards his parents and other members of his family.
The husband further said that when she got ill, he took her to a doctor and the report said that she is having cyst in her uterus and she is unable to bear child. After the discovery of her cyst in her uterus, the husband wanted to get divorce to get remarried with another lady so that he can have child.
The High Court, while rejecting the plea of the husband said that it is not under the control of any spouse if any of the spouses develop any disease during the continuation of marriage. It further said that the other spouse in such a situation has a marital duty to help, cooperate and bear with the other spouse developing any disease.
The High Court took note that the divorce petition was filed in 2017 and within two years of marriage and the woman lived in her matrimonial home for two months.
“It is also worth mentioning that inability to bear a child is neither impotence nor any ground for dissolving the marriage. Such possibility of inability to bear a child may be part of marital life of anybody and parties to a marriage may resort to other means for having a child, such as, adoption,” the High Court said, adding that divorce is not granted in such circumstances as per the Hindu Marriage Act.