KOLKATA: Infertility cannot be a ground for divorce and deserting one's wife who is battling mental and physical health issues due to infertility is "mental cruelty", the Calcutta High Court has ruled.
The HC was hearing an appeal by a man for quashing of criminal charges slapped on him after he filed for divorce citing "persistent mental torment and agony" caused by his wife, who was battling mental health issues due to to primary infertility and premature menopause.
The couple were married for nine years and the wife, a schoolteacher, had also undergone treatment at Bengaluru's National Institute of Mental Health and Neurosciences.A month after the husband filed for divorce in June 2017, the wife filed criminal charges against him.
The Beliaghata police filed a charge sheet against the husband on December 6, 2017, implicating him for criminal breach of trust (406 IPC), physical and mental cruelty (498A) and voluntarily causing hurt (323 IPC).
The HC refused to interfere in the trial court proceedings."The reason of infertility is not a ground for divorce.
There are several options to become parents.
A spouse has to be understanding in these circumstances as it is the other who can help one to regain her/his mental, physical and emotional strength.
To be able to face the world, the society in general, bravely together," Justice Shampa Dutt (Paul) said.
This is cruelty under 498A: HC Hearing a case in which a husband sought divorce from his wife who developed premature infertility, Justice Shampa Dutt (Paul) took exception to the timing of the divorce plea.
"The wife appears to have developed primary infertility with premature menopause, which is a great mental shock for a woman who is yet to become a mother....
further stress was added with the wife losing her mother....
it is the spouse's duty to be the strength which the other has lost," the judge said in order on Tuesday.
The HC asked, "If the petitioner/husband had the problem, would he not expect support from his wife...?" The judge said it was "insensitive of the petitioner to ask the opposite party in such traumatic situation for a divorce by mutual consent, which amounts to mental cruelty..." She said this was 'cruelty' under 498A IPC as it affected one's life - health.The HC said the case diary and the charge sheet "makes out a clear prima facie case of a cognizable offence against the accused/petitioner".