Divorce Can't Be Sought On Ground Of Partner's Infertility, Amounts To Mental Cruelty: Calcutta High Court

The Calcutta High Court on Tuesday ruled that infertility of a woman cannot be a valid ground for seeking divorce. The Court also underscored that asking for divorce by mutual consent from one’s wife who is in a traumatic situation for having developed primary infertility amounts to mental cruelty within the definition of Section 498A of the IPC.

Justice Shampa Dutt (Paul) observed,

“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 (only) 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.”

Empathising with the wife’s medical condition, the Court acknowledged that primary infertility caused due to premature menopause is ‘a great mental shock for a woman who is yet to become a mother.’ The Court further remarked that the situation could have also been reversed and that in such a scenario, the husband would have naturally expected his wife to support him.

The Court was adjudicating upon the wife's plea accusing her husband of 'mental cruelty' when he sought divorce following primary infertility caused by premature menopause. The husband had filed for divorce on mutual consent on the ground that he was unable to endure the persistent mental torment and agony that was being perpetrated upon him. 

On perusal of the rival submissions, the Court took into consideration that the wife's medical diagnosis of primary infertility came as a rude shock to her and that she had lost nearly 30kgs over two years due to the trauma. The Court emphasised that in such circumstances 'it is the duty of a spouse to be the strength' which was unfortunately not the case here. 

Asserting that the conduct of the husband amounts to mental cruelty, the Court ruled,

“It was extremely insensitive of the petitioner in this case to ask the opposite party in such traumatic situation for a divorce by mutual consent, which amounts to mental cruelty which effected her life and health.”

Lamenting about the need to be a strong willed spouse in the face of such an adversity, the Court remarked further,

“To be fair to the petitioner/husband, maybe it is not everyone’s cup to tea to be strong in such a situation. To be strong in such circumstances requires a very caring heart and also a very good support system, which always is not there. Sometimes, it so happens that only one can help oneself in such situations. A strong and confident person is obviously in a zone which helps a person to cure faster than another person who may not be so lucky.”

Reliance was also placed on the Supreme Court judgments in the cases of Rupali Devi vs State of U.P. (2019) and Ranveer Upadhyay & Anr. Vs State of Uttar Pradesh & Anr to rule that a cognisable offence under Section 498A of the IPC was made out against the husband. 

Accordingly, the Court dismissed the revision petition filed by the husband against the criminal proceedings initiated by the wife against him.

Case Title: Sri Uttam Kumar Bose v. State of West Bengal

Citation: 2023 LiveLaw (Cal) 11

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