Right to reproduce of a woman is a fundamental right and a right which more often than none Indian society has denied to woman. The Maharashtra Court passed a judgment which is beneficial and a breakthrough for the women to exercise their right freely.A family court in Nanded, Maharashtra has allowed a plea made by a 35-year-old woman to have a second child with her estranged husband through In-Vitro Fertilisation (IVF).
In the instant case the petitioner wife pleaded for conception through restitution of marriage under Section 9 of The Hindu Marriage Act, 1955. She prayed for procreation of another child from the respondent husband either through restoration of conjugal rights or in the alternative through IVF.The doctor couple is caught in a matrimonial conflict. They presently have a seven-year-old child, who is in the custody of his mother. The husband filed a separate petition in another court seeking a divorce on grounds of cruelty under Section 13 (1) (i-a) of the Hindu Marriage Act. The wife initiated a criminal case under Section 498A of the Indian Penal Code against the husband. However, with the recent events she has agreed to withdraw the criminal case.
The wife in her petition argued that her son may need company and support of a sibling for caring and sharing inthe future.However, as expected the lawyer of the husband submitted that such an application is not tenable in the eyes of law and should be rejected as it is illusionary and against social norms. He also refused a request to procreate child through IVF.The court directed the couple to head for consultation with a marriage counsellor and fix a meeting with an IVF expert within a month.If suggested by the expert, the petitioner-wife has to bear the expenses of clinical consultation and medical procedure. Further rejected the claim of maintenance of the wife, while allowing the claim for maintenance of the minor son at Rs. 12,000 per month.