Recently a strange case has come to light, the Supreme Court has intervened in a divorce case initiated by a husband in the family court of Bhopal. The proceedings were halted as the wife presented numerous demands, including a petition to transfer the case to Lucknow. Notably, she also requested the court to mandate the husband to donate his sperm for her use in in-vitro fertilization (IVF) to fulfill her desire to become a mother.
“The divorce petition between both the parties is pending in the Family Court, Bhopal. The petitioner-wife lives in Lucknow and wants to be transferred to Lucknow. Issue notice (to the husband) within six weeks,” the bench said in its order passed on December 1. Meanwhile, there will be a stay on further proceedings in the (divorce case) pending before the court of the Chief Justice. , Family Court, Bhopal, Madhya Pradesh,” Advocate Asad Alvi appeared on behalf of the woman in the top court.
According to the petition, they were married in 2017 and despite repeated requests, her husband used unemployment as an excuse to delay parenthood. After persistent requests, the woman’s husband finally agreed to pursue IVF in March this year. She underwent medical tests and started necessary medications under a doctor’s supervision to prepare for the process.
“However, the petitioner was shocked and disappointed when the respondent (husband) suddenly filed a divorce petition while the IVF treatment was going on. He broke all contact with the petitioner, his calls Blocked her and caused her emotional distress.” The plea said the woman was thrown out of her matrimonial home and is facing significant challenges in defending it in Bhopal as she is living with her parents in the North—capital of the state.
Alongside the petition, she submitted an application instructing her husband to “collaborate with the petitioner and medical professionals throughout the IVF process, offering sperm and any other necessary support when required.” has sought. The plea said that after the marriage, the man disclosed his unemployment and requested the woman to temporarily stay with his parents. “He assured her that they would have a child once he got stable employment,” the woman said in the petition.
This is not the first case, another similar case was reported in 2019. On the petition of this case, the Family Court of Nanded, Maharashtra has accepted the petition of a 35-year-old woman to have a second child from her estranged husband through IVF. Court said reproductive rights are a complex women’s and basic human right
