Supreme Court halts divorce case as wife seeks husband's cooperation in IVF journey

Supreme Court halts divorce case as wife seeks husband's cooperation in IVF journey

In a recent legal development, the Supreme Court has put a pause on divorce proceedings between a separated couple following the wife's plea seeking her husband's cooperation in conceiving through in-vitro fertilization (IVF). The woman had filed a petition in the court to transfer the ongoing divorce case, initiated by her husband in Bhopal, to Lucknow, her current residence with her parents.

The transfer petition was brought before Justice Pankaj Mithal, who agreed to hear the case. The court issued an order on December 1, stating, "The divorce petition between the parties is pending at family court, Bhopal. Petitioner-wife is residing at Lucknow & wants the same to be transferred to Lucknow. Issue notice (to husband) returnable within six weeks." The court further decreed a stay on further proceedings in the divorce case until the matter is resolved. 

The 44-year-old petitioner revealed in her plea that the couple had tied the knot in November 2017. Despite her repeated requests, the husband, citing unemployment, had allegedly delayed parenthood. According to the woman, after persistent efforts, the husband eventually agreed to pursue IVF for having a child, and they commenced medical procedures under a doctor's guidance.

Shockingly, the husband purportedly filed for divorce abruptly while the IVF treatment was in progress, severing all communication with the petitioner. The plea, filed claims emotional distress for the petitioner.

The woman, ousted from her matrimonial home, faces challenges defending the case in Bhopal as she currently resides with her parents in Lucknow. Alongside her transfer petition, she has submitted an application requesting the court to direct her husband "to co-operate with petitioner & the doctors in the IVF process & provide sperm & other co-operation whenever it is needed or advised by the IVF doctors."

The plea outlines that the husband initially disclosed his unemployment after marriage, urging the woman to stay temporarily with her parents. Assurances were made that they would start a family once stable employment was secured. The plea contends that after much persuasion, the husband agreed to have a child, considering the woman's age, and both began the IVF treatment. The woman is nearing menopause, and doctors advised them to complete the IVF process before the age of 45/46.

 

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