Infertility can’t be grounds for divorce: HC

Impotency and infertility are completely distinct terms. Unlike impotency, infertility cannot be grounds for divorce, the Bombay high court (HC) ruled on Monday.

Impotency and infertility are completely distinct terms. Unlike impotency, infertility cannot be grounds for divorce, the Bombay high court (HC) ruled on Monday.

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In 1992, a 58-year-old government servant had approached the Pune family court seeking legal separation from his wife on grounds that she was ‘impotent’ and had deserted him by refusing to join him at the place he was posted. The Pune family court had, on October 31, 1994, granted the man a divorce, stating that not having a child even after 16 years of marriage was enough to establish that his wife was ‘impotent’.

While reversing the family court’s verdict, the division bench of justice AM Khanwilkar and justice AR Joshi said, “The view taken by the family court is erroneous. The court has wrongly equated infertility of a woman with impotency.”

The court noted that there was no evidence on record to prove that the wife was impotent or incapable of maintaining a physical relationship. The high court noted that though the couple lived at separate places for a considerable period of time because of their postings, they met on weekends and cohabited to a limited extent. It cannot be said that the marriage was not consummated, the court said.