Divorce
TCNRPS
(Querist) 24 May 2012
This query is : Resolved
Hi,
I am married for 5+ years, now i want to depart from my husband & apply for divorce.
Reasons as below...
1. He is azoospermic
2. No understanding between each other
Can i go ahead & apply for the divorce. what & how much is the chances of getting the divorce. Pls revert back immeidately.
SAINATH DEVALLA
(Expert) 24 May 2012
Married for 5 years,depart from husband,divorce,characteristics,revert back immediately.This is the present day marriage system.
Well dear Querist,
You are free to go ahead and apply for divorce,nobody can stop you.But see that you gather all adverse evidences against your husband before filing.You can get divorce hands down.
Anirudh
(Expert) 24 May 2012
Dear Mr. Sainath,
Can you please indicate the specific provision of the HMA 1955 under which the stated ground is covered for seeking divorce?
SAINATH DEVALLA
(Expert) 24 May 2012
Dear Mr.Vishal,
I was just trying to make the querist understand the value of marriage,and the hurry she was in.
Well,Azoospermia is not an incurable ailment.It can be cured with a proper diagnosis.
Azoospermia is the name given to the condition in which there are no sperm in the semen. The semen may look normal, but the condition shows up under a microscope.
Azoospermia , as the name suggests , refers to the condition in which there are no sperm in the semen. This diagnosis can come as a rude shock, because most men with a zero count have normal libido; normal sexual function; and their semen looks completely normal too. The diagnosis can only be made by examining the semen under a microscope in the laboratory.
So, the reasons qouted by the querist are not sufficient for departing from her husband.
I know there is no specific provision in HMA.
Deepak Nair
(Expert) 24 May 2012
Dear Querist,
You can file a petition seeking divorce. But, you are required to put down in the petition sufficient ground for divorce to the satisfaction of the court. You need to gather adverse evidences against the husband as advised by Mr. Sainath.
TCNRPS
(Querist) 24 May 2012
Mr. Sainath,
He has undergone for the treatment for almost 3 years & it was not successful & i also went for an IVF treatment once & it failed. It's not that I am in a hurry of getting out from him...if it is a case i could have not been waited for 5+ years.
Mr.Deepak,
Thanks for your reply. I have all the documents stating that he is azoospermic...what more evidences are required...pls suggest.
Anirudh
(Expert) 24 May 2012
Dear TCNRPS,
Azoospermic is not a ground for grant of Divorce.Therefore, any amount of documents / evidences proving that condition would be of no help in obtaining the divorce.
If both of you are very serious that you should part ways, then it would be advisable for you to go in for mutual consent divorce.
There is no other way.
TCNRPS
(Querist) 24 May 2012
Here mutual consent is not possible, as he is not ready to get divorce....& more over i have a lot of mental agony....
SAINATH DEVALLA
(Expert) 24 May 2012
Dear Querist,
On that count divorce will not be granted.ok.
Just go through this article for your information:
Azoospermia
Azoospermia is the name given to the condition in which there are no sperm in the semen. The semen may look normal, but the condition shows up under a microscope.
Azoospermia , as the name suggests , refers to the condition in which there are no sperm in the semen. This diagnosis can come as a rude shock, because most men with a zero count have normal libido; normal sexual function; and their semen looks completely normal too. The diagnosis can only be made by examining the semen under a microscope in the laboratory.
Azoospermia needs to be differentiated from aspermia, or the absence of semen. This is a rare condition, in which the man cannot produce a semen sample, because he cannot ejaculate. This could be because of a psychologic problem called anejaculation; or a medical problem called retrograde ejaculation, in which the semen is discharged backwards into the urinary bladder, rather than forwards.
If the lab report shows azoospermia, please ensure that you have in fact ejaculated properly. It's also a good idea to repeat the semen analysis it again from an independent lab. The laboratory should be also requested to centrifuge the sample and check the pellet for sperm precursors. Some men will have occasional sperm in the pellet, which means they are not really azoospermic. This is called cryptozoospermia.
There are only 2 possible reasons for the count being zero. One is because of a blockage of the ducts which carry the from the testes to the penis. This is called obstructive azoospermia, because it is a result of a block in the reproductive ducts ( passage). The other is due to testicular failure, in which the testes do not produce. This is called non-obstructive azoospermia ( a mouthful, which simply means that the problem is not because of a block).
The testicular size ; and a blood test for FSH are useful tools for determining if you have obstructive azoospermia or non-obstructive azoospermia. If your testes are small in size; and if the FSH is high, your chances of having non - obstructive azoospermia are high.
Men with obstructive azoospermia have normal testes which produce sperm normally, but whose passageway is blocked. This is usually a block at the level of the epididymis, and in these men the semen volume is normal; fructose is present; the pH is alkaline; and no sperm precursor cells are seen on semen analysis. On clinical examination, they typically have normal sized firm testes, but the epididymis is full and turgid.
Some men have obstructive azoospermia because of an absent vas deferens. Their semen volume is low ( 0.5 ml or less); the pH is acidic and the fructose is negative. The diagnosis can be confirmed by clinical examination, which shows the vas is absent. If the vas can be felt in these men, then the diagnosis is a seminal vesicle obstruction.
Men with non-obstructive azoospermia have a normal passageway, but abnormal testicular function, and their testes do not produce sperm normally. Some of these men may have small testes on clinical examination. The testicular failure may be partial, which means that only a few areas of the testes produce sperm, but this sperm production is not enough for it to be ejaculated. Other men may have complete testicular failure, which means there is no sperm production at all in the entire testes. The only way to differentiate between complete and partial testicular failure is by doing multiple testicular micro-biopsies to sample different areas of the testes and send them for pathological examination.
Sometimes the clinical examination can provide useful clues as to the reason for the azoospermia. Rarely, the reason for the testicular failure is because of inadequate production of the gonadotropin hormones from the pituitary ( a condition called hypogonadotropic hypogonadism). Most hypogonadotropic patients are hypogonadal - that is, they have low levels of the male hormone, testosterone. This means they have poorly developed secondary sexual characters; an effeminate appearance, scanty hair, decreased libido, and small flabby testes. This can be confirmed by blood tests which show low levels of FSH and LH.
A clinical examination can also provide useful clues. Thus, mean with obstructive azoospermia will typically have normal sized, firm testes, with an epididymis which is swollen and turgid because it is full of.
Analysing the semen analysis report carefully can often provide clues as to the reason for the azoospermia. Thus, if the volume is low ( less than 1 ml; the pH acidic; and the fructose negative), this means the seminal vesicles are blocked or absent, a condition often found in men with congenital absence of the vas deferens. If the vas can be felt on clinical examination, this means the man may have a seminal vesicle obstruction.
The presence of sperm precursors in the semen means that the problem is not because of a block.
It is also a good idea to give a second sample within 1 or 2 hours after the second. This is called a sequential ejaculate; and in some men who have non-obstructive azoospermia because of partial testicular failure, there may be no in the first ejaculate, but there will be some in the second, because it is "fresher".
For most men with a confirmed diagnosis of azoospermia, the next test is a testis biopsy to determine what the reason for the azoospermia is, so that an appropriate treatment plan can be formulated.
Sankaranarayanan
(Expert) 24 May 2012
For apply diverce not the big issue but why don't u bear and wait. You can if the soul and mind permit. If you really over on it then you can
TCNRPS
(Querist) 24 May 2012
Sainath,
Thanks for sharign the artical, he has gone through blockage operation & was found ok & then he went for a treatment to improve the sperm count...after 2 long years of treatment doctor found only 8 no's of sperms & with that i went for an IVF treatment, which failed & at that time doctor told that the chances of improving the sperm count of him is less than 1%...after that he was least bothered & did not go for any treatment for almost more than a year...hope he is not interested in it & sometimes he acts as a sadiest & use lots of abuse words while speaking & we don's have any relation from past 8 months...just & just staying together...after all the trails i got fed up with the person & found no meaning in staying with him have taken such a decision...whtevr i say abt him is less...
Mr. Sankar,
Have tried & tried & got fed up on the trails..now all my heart is broken & hurted a lot...so just want to come out of him..Can I pls suggest
Adv.R.P.Chugh
(Expert) 24 May 2012
Dear Querist,
Impotency is a ground for divorce but not infertility. The same cannot also be used as causing you mental cruelty, as the husband did go in for the treatment, and if the same was not successful, then the same cannot be held to have caused you mental cruelty. The Courts won't be highly appreciative, however if there are other issues which do mete out treatment to you that makes living together a practical impossibility then the disappointment you face wanting to bear a child, may work up as a strengthening factor but in itself won't fetch you divorce.
TCNRPS
(Querist) 24 May 2012
Hello Bharat,
Not having a kid in not the reason for mental agony, it is he don't have any affection or love towards me, he vl be in his own world, no responisbility towards anything, not enough matured, when tried to make him understand on the things he becomes cruel & try to hit me & use all abuse words, he & his family ppl are money minded & @ the time of wedding we have given them 8 lacs dowry also......and lot more is there to tell about him...
Have called his & my parents also to resolve the things, but it went in vain...it's not that i have taken immeidate decision of departing from him...after so much of thinking have come to this decision...
SAINATH DEVALLA
(Expert) 25 May 2012
Just assume what would have been your reaction if you were in his place.
Anirudh
(Expert) 25 May 2012
Dear Sainath,
Can that be an argument?
SAINATH DEVALLA
(Expert) 25 May 2012
Not an argument Anirudh,but I am trying to make her understand the value of marrage.All the experts here agree that the husband is sufferring from problem.Not bearing a child also has caused mental trauma in her.That is natural in women.
V R SHROFF
(Expert) 25 May 2012
it is a serious situation, and she deserved to be divorced.
she must develop create cruelty and other grounds,
and court will consider in addition Azoospermia too.
Live separate, file police nc, go for dv, mtn, so that at least he agree for MCD.
No st forward solution. OK
TCNRPS
(Querist) 25 May 2012
Hi Sainath,
If I dono the value of marriage, i could have not stayed with him for so many years & conuld not have tried to get changes in him, here u r concentrating only on his azoospermia, but i am taking that as the last step & viewing all other things in the first step. If you don't have kid also ok, but there should be lots of love between each other....when it is there all other things will go off...but the main thing which is missing between us is love......
Shonee Kapoor
(Expert) 28 May 2012
TCNRPS,
No court can force you to stay with someone else even though married.
However, for divorce the court requires - a) either fault of other party (there can be many, the same is judicially recognized) or b) Mutual Consent.
When there is no apparant fault ground, people cook false grounds. However, it is my own limited experience that false grounds rarely succeed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
