husband can take divorce???according to medical report wife can not deliver the birth to child..she has a pemanent body structure fault and not fit .in future she can never give the birth.
Mohit Attri (lawyer) 06 February 2010
husband can take divorce???according to medical report wife can not deliver the birth to child..she has a pemanent body structure fault and not fit .in future she can never give the birth.
Vikas Dharmendra (Consultant) 06 February 2010
YES,,,, but it should be medically proved.
Suchitra. S (Advocate) 06 February 2010
Vikas Sir, I would like to know on what ground husband can take divorce in this case?
Arvind Singh Chauhan (advocate) 06 February 2010
No there is no such ground. Impotency is ground. Medical ground what you have laid does not cover it.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 06 February 2010
previously court refused such complain on divorce matter. matter is serious and required pointed attention of all.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 06 February 2010
according to HMA no such ground exists.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 06 February 2010
Yes. There is no such ground seeking divorce on the part of husband.
Why not such husband talk to his wife and seek her permission to second time keeping the same relations with her. Though it is illegal to marry for the second time during the life of her first wife but keeping in view the social obligations, it can be done with the prir permission of your first wife.
Suchitra. S (Advocate) 07 February 2010
With due respect, I would like to differ from advise of Makkad Sir. Gone are the days wherein marriage is only for the reason of progeny. We should not forget there are many ways to foster a child now. It is rediculous to seek permission form the first wife to marry for the second time just for the reason that she is unable to deliver a baby. It is not only iilegal but also, against humanity. Think about a situation where male is responsible for not having a baby, and tell me can we expect same from the spouse?
Adinath@Avinash Patil (advocate) 07 February 2010
IT NOT PROPER SEEK PERMISSION FROM WIFE FOR SECOND MARRIAGE. ONLY RESON OF WIFE CAN'T DELIVER CHILD DUE TO IMPOTENCY..
I AGREE WITH SUCHITRA.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 07 February 2010
what mr makkad says, not only beyond ligality but also inhumane. ms. sucharita rightly said.
here i pray attention for the members, that in ancient india such types of system was there - where a male was appointed, to pregnant a female, where her own male incompetant to do the job. this was called 'neyog' (in hindi) system.
S.B _Kolkata (Service) 07 February 2010
Mohit Attri (lawyer) 07 February 2010
thanks all.
but parents of husband want child from wife.
according to HMA purpose of marriage is only to continue the VANSH.
so in this case wife is not capable to fullfill the requirment.
i think if wife is not capable,then it must be a ground of divorce
is not it???
Suchitra. S (Advocate) 07 February 2010
Where is the guarantee that he will get child from the second wife? Will u advise third marriage for the same reason , manish Sir ? :)
Suchitra. S (Advocate) 07 February 2010
Sorry, my above reply was intended to Mohit. Sir. Excuse me for the mistake in the name..pl.
Adinath@Avinash Patil (advocate) 07 February 2010
SUCHITRA YOU WILL BECOME BEST ADVOCATE/LAWYER.
THERE IS SIMPLE WAY THAT WITHOUT OBTAING DIVORCE HUSBAND AND WIFE CAN ADOPT CHILD.
GOD IS ALWAYS TAKES THE SIMPLE WAY BUT HUMAN BEHAVIOUR IS NOT ACCEPTE SIMPLE WAY.