Legal Question in Family Law in India

Re: divorce

Yes, you can divorce your wife. However, there has to be sufficient grounds for a divorce. Non-bearing of a child may not be a valid ground.

Re: divorce

Dear Client Mr.Santosh,

You have not revealed what is the problem with your wife according to medical report. You say you are all right as per medical report. Is your wife sterile [incapable of reproducing sexually]?

Or, is she impotent [incapable of performing sexual intercourse]?

If she is sterile then it is not a ground for divorce. Sterility is not one of the grounds for divorce under Section 13 of the Hindu Marriage Act, 1955. Perhaps because you need not divorce your wife on this ground as she could very well be medically treated for her deficiency. It is quit possible in modern medicine. Another reason is that she could become pregnant and bear you a child by insemination.

If your wife is impotent then it is an indirect ground for divorce. You can file a petition against your wife for dissolution of marriage under Section 13 (1) (ia) stating that she has after the solemnization of marriage, treated you with cruelty. The Supreme Court has held that impotency of husband amounts to both legal and mental cruelty. [AIR 1981 SC page 1972]. Naturally you can rely upon this decision and say that the impotency of your wife amounts to both legal and mental cruelty.

Re: divorce

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards

Satish Maheshwari.