The Supreme Court has stayed divorce proceedings between an estranged couple after the wife requested her husband’s cooperation to conceive through in-vitro fertilization (IVF), as she requires his sperm for the process.
The woman approached the Supreme Court seeking to transfer the pending divorce case filed by her husband in Bhopal to Lucknow, where she currently lives with her parents. Justice Pankaj Mithal heard the transfer petition and agreed to examine the case.
In her petition, the 44-year-old woman revealed that the couple married in November 2017. She stated that her husband delayed having a child, citing unemployment as a reason.
After repeated requests, her husband finally agreed to IVF treatment in March this year. The couple began the necessary medical tests and started taking prescribed medications under the guidance of a doctor.
“After much persuasion, my husband agreed to have a child through IVF as I am 44 and nearing menopause. The doctor recommended we complete the process before I turn 45 or 46. We both agreed and began treatment,” the woman said in her plea.
However, the husband abruptly filed for divorce while the IVF treatment was still ongoing. He also cut off all communication with the wife, blocking her calls and leaving her emotionally devastated.
The wife further stated that she had been forced to leave her matrimonial home and is now living with her parents in Lucknow, which has made it difficult for her to defend the divorce case in Bhopal.
The Supreme Court issued a notice to the husband and ordered that the divorce case in Bhopal be paused until further notice. The bench also noted that the matter would be reviewed within six weeks.
In addition to her petition for transferring the divorce case, the woman has also filed a request asking the court to direct her husband to cooperate with her and the doctors during the IVF treatment. She requires his sperm and support for the procedure to proceed smoothly.
In her plea, the woman explained that after their marriage, her husband disclosed his unemployment and suggested that she live with her parents temporarily. He assured her that they would plan for a child once he secured a stable job, which he later did.
The Supreme Court will now assess both the request to transfer the divorce case and the plea for cooperation in the IVF process.
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