varun georgebose 26 March 2018
Vijay Raj Mahajan (Advocate) 26 March 2018
Adv Radhika Mehta (Advocate) 26 March 2018
If that is the only ground of discontentment between your brother and his wife, I would first advise them to try marriage counselling. If there are, however, other more compelling reasons because of which your brother has made up his mind to put an end to the marriage, he can file for Divorce under the Divorce Act, 1869. However, whether the aforesaid ground makes him eligible to obtain Divorce from the Court dependes on the other facts as simpliciter refusal to expand the family may not directly constitute cruelty, unless put in the right perspective.
Kumar Doab (FIN) 26 March 2018
While the purpose of marriage is to reproduce and extend one’s family also.
Still the matter may be tried by elders of family, well wishers, mediators, councilors…and there might be amicable solution…or atleast some irrefutable record, evidences, unshakable witnesses..on refusal and IT’s effects on other spouse..
Avoid rushing to courts.. and also empty handed.
Kumar Doab (FIN) 26 March 2018
Inability to conceive may not be a ground…
Single minded refusal to child birth if spouse can bear and raise the child may be cruelty and a ground..
The contentions of spouse may have to be established to convince the court!
Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record …………….and worth his/her salt…
Kumar Doab (FIN) 26 March 2018
In the meantime you may carefully go thru;
Supreme Court of India
Samar Ghosh vs Jaya Ghosh on 26 March, 2007
“According to the appellant, soon after the marriage, the respondent asked the appellant not to interfere with her career. She had also unilaterally declared her decision not to give birth to a child for two years and the appellant should not be inquisitive about her child and he should try to keep himself aloof from her as far as possible.’
Kumar Doab (FIN) 26 March 2018
If you are at Mumbai, consult counsels practising in family courts....
IT is vaguely remembered one such matter was decided and divorce was granted...
adv.bharat @ PUNE (Lawyer) 31 May 2018
Marriage counsellor can resolve this amicablly.
Instead of edivorce this option need to be consider befoer divorce.