Marriage cannot be reduced to the sole object of procreation.
The Madras High Court has ruled that a couple’s inability to have a child cannot, by itself, be considered cruelty or a reason to grant divorce. The court also said a wife cannot be seen as having failed in her marriage simply because the couple could not have a child.
The husband, married in June 2007, had accused his wife of humiliating and assaulting him. She denied the allegations and said she had undergone surgery for uterine fibroids and fertility treatment in the hope of conceiving.
The court found that the husband failed to prove his allegations. It noted that her efforts to undergo treatment showed her willingness to preserve the marriage, dismissed his appeal and upheld the family court’s decision.
A marriage is not measured by children.
