The Chhattisgarh High Court has ruled that imposing a condition on marriage that prevents a wife from having biological children is not permissible under the law. According to a Division Bench consisting of Justice Goutam Bhaduri and Justice N.K. Chandravanshi.
“To deprive a woman from motherhood as a pre-condition for marriage cannot be given a priority. The type of condition set forth by husband only adds gloomy atmosphere to a married life as against a cheer by a child. Therefore, a demand to have child by wife from husband cannot be constituted a cruelty.”
Contentions of Parties
The husband in this case had agreed to a pre-condition for his second marriage that they would not have children. However, his wife began mistreating his son and pressuring him to have a child, which eventually led to him consenting to an IVF procedure. The husband argued that his wife used an anonymous donor’s sperm without informing him, which constitutes mental cruelty and justifies a divorce decree. On the other hand, the wife argued that the husband had consented to the pregnancy using an anonymous donor’s sperm and did not raise any objections during the treatment. She also argued that there was no evidence of mistreatment towards the husband’s son. Additionally, the husband had paid for the IVF treatment, which indicates his consent to the procedure.
Court’s Observations
According to the court, in Hinduism, marriage is viewed as a sacred sacrament that forms the basis for social organization and important legal rights and responsibilities.
“The importance and imperative character of the institution of marriage needs no comment and in Hindu Law marriage is a Sanskar. Therefore, presumed contract as has been stated by the appellant/husband that the second marriage was performed on the condition that they would not have a child from the second marriage cannot be a barrier as a valid sacred promise, if not performed, will assume the character of cruelty.”
In addition, the court cited the appellant’s cross-examination, where he confessed that his wife had quit her job and become financially reliant on him after their marriage. As a result, it was inferred that the husband had also covered his wife’s medical costs.
“Conduct of the parties further would show that after the wife got pregnant and it was detected that she had three embryos, out of it one was removed for which they travelled to Delhi to the experts. The husband also accompanied. This would also lead to show that he was the consenting party to the entire initiation which was at the behest of both the husband and wife,” the Court added.
The court dismissed the argument that the wife’s decision to use an anonymous donor’s sperm for the IVF treatment was cruel to the husband, who was capable of donating his own sperm. The court noted that both parties had agreed to the use of anonymous donor sperm. Therefore, the court found no basis to consider the wife’s actions as cruel.
Moreover, the court pointed out that the appellant’s son from his previous marriage had not been presented in court for examination. The court concluded that the appellant failed to provide the best available evidence to support the alleged mistreatment of his child by the respondent. Consequently, the court held that without any evidence, it was not feasible to establish cruelty.
Accordingly, the appeal was dimissed.
Case Title: P. Venkat Rao v. Smt. P. Padmavati
Case No.: First Appeal (M) No. 138 of 2018
Date of Order: March 9, 2023
Counsel for the Appellant: Mr. Srinivas Rao, Advocate
Counsel for the Respondent: Mr. Shashank Thakur, Advocate
Source : https://www.livelaw.in/news-updates/chattisgarh-high-court-pre-condition-of-marriage-hindu-law-not-having-children-as-condition-for-marriage-unacceptable-224680
