Supreme Court Stays Divorce Proceedings After Estranged Husband Refuses IVF Cooperation
The Supreme Court has temporarily halted divorce proceedings between an estranged couple after the wife requested her husband’s cooperation in undergoing in-vitro fertilization (IVF). The wife, who is nearing menopause, asked the court to transfer the divorce case filed by her husband from Bhopal to Lucknow, where she currently resides with her parents.
A bench of Justice Pankaj Mithal agreed to hear the transfer petition and stayed the divorce case, which is currently pending in a family court in Bhopal. The wife, aged 44, mentioned in her plea that she and her husband had been married since November 2017, but he repeatedly delayed parenthood, citing his unemployment as an excuse.
After several attempts to convince her husband, he finally agreed to pursue having a child through IVF earlier this year. The couple underwent medical tests and started the necessary medications under a doctor’s supervision.
“After persistent persuasion, the husband agreed to proceed with IVF, as the petitioner is approaching menopause. The doctor advised the couple to have a child before the wife reaches the age of 45 or 46,” the woman’s plea stated.
However, the situation took a drastic turn when the husband unexpectedly filed for divorce while the IVF treatment was still ongoing. According to the wife, her husband cut off all communication, blocked her calls, and left her emotionally stranded in the middle of the treatment.
In her petition, the woman also mentioned that she had been forced out of her matrimonial home and was now facing significant difficulties in defending the divorce case in Bhopal, as she is living in Lucknow with her parents.
“The divorce petition is pending in family court in Bhopal, while the petitioner resides in Lucknow. She is requesting to transfer the case to Lucknow,” the bench noted, issuing a notice to the husband, with a response expected within six weeks. In the meantime, the court has stayed further proceedings in the divorce case.
Alongside the transfer request, the woman filed an application asking the court to direct her husband to cooperate with the IVF process and provide his sperm when advised by the IVF doctors. In the plea, she revealed that her husband had initially blamed his unemployment for postponing plans to start a family, but he later secured a stable job.
The court’s intervention aims to address the critical issues surrounding the couple’s IVF treatment and the woman’s ability to defend her case in a location closer to her family.
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