Supreme Court Stays Divorce as Woman Seeks IVF Help from Estranged Husband
The Supreme Court of India has put a temporary hold on divorce proceedings between an estranged couple after the wife requested her husband’s cooperation for in-vitro fertilisation (IVF) treatment to conceive a child.
The 44-year-old woman filed a petition in the Supreme Court asking for two things:
- Her estranged husband’s support in providing sperm for the IVF process.
- The transfer of the divorce case, currently pending in Bhopal, to Lucknow, where she now lives with her parents.
The matter was heard by Justice Pankaj Mithal, who agreed to examine the request and issued a notice to the husband, making further divorce proceedings on hold for now.
IVF Treatment Started, Then Divorce Filed
According to the woman’s petition, she married her husband in November 2017. She said he continuously delayed plans to have children, using his unemployment as an excuse. In March 2024, after repeated discussions, he finally agreed to go ahead with IVF, as doctors advised they try before she turns 45 due to her nearing menopause.
The couple reportedly underwent medical tests and began the treatment process under a doctor’s care.
However, during the IVF treatment, the husband suddenly filed for divorce and cut off all communication, even blocking her calls, leaving the woman emotionally and medically stranded.
Legal Request for Sperm and Transfer of Case
The woman has filed an application asking the court to direct her husband to cooperate with her and the IVF doctors by providing his sperm and continuing the treatment.
She also mentioned she was asked to leave her marital home and faces difficulties attending court in Bhopal while staying with her elderly parents in Lucknow. She requested the case be transferred for fairness and convenience.
In its order on December 1, the Supreme Court stated:
“Issue notice returnable within six weeks. In the meantime, there shall be a stay of further proceedings in the divorce case pending before the family court in Bhopal.”
Husband’s Employment History Mentioned
The woman also revealed that her husband was unemployed at the time of marriage and had asked her to live with her parents until he got a job. She added that he is now employed but still refuses to support her in the IVF treatment, which both had earlier agreed to.
This case raises significant questions about reproductive rights, marital obligations, and women’s health decisions in the context of strained relationships.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
