Pune: A husband’s petition to annul his marriage on the grounds of his wife’s infertility has been dismissed by a Pune family court. The court ruled that the husband failed to prove any deception on the part of the wife, who learned of her medical condition only after their marriage.
The case involved a 55-year-old man, Suresh, and his 45-year-old wife, Rekha (names changed). This was the second marriage for both parties. Suresh’s first marriage ended in divorce, while Rekha’s first husband had passed away. Suresh also has two daughters from his previous marriage.
After their marriage, the couple consulted doctors for fertility issues. Medical tests revealed that Rekha could not conceive. They subsequently opted for IVF treatment, but it was unsuccessful.
Frustrated, Suresh filed a petition to annul the marriage, alleging that Rekha had concealed her infertility before their wedding, thus deceiving him.
Rekha’s lawyer, Advocate Siddharth Desai, refuted these claims, stating that Rekha was unaware of her medical condition before the marriage. He argued that many people are unaware of such medical issues until after marriage.
The court agreed, ruling that infertility alone does not constitute deception, especially when the individual was unaware of the condition prior to marriage.
Family Court Judge V.K. Thakur observed, “A wife should not be blamed or penalized for her inability to conceive. Seeking annulment or divorce solely on such grounds is unfair. Couples should focus on resolving such issues together rather than resorting to legal disputes.”
The judgment is considered significant as it discourages seeking annulments or divorces based on infertility. Legal experts suggest that it could set a precedent for future cases involving similar disputes.
