Want to have child from estranged husband? Maharashtra court allows

Nanded: A family court in Nanded, Maharashtra has asked a couple, who are battling divorce to consult an assisted reproductive technology (ART) expert after the woman insisted to have a second child with the man. The woman’s husband, however, has opposed the plea citing social norms.

The divorce was filed by the husband in 2017 stating issues by his wife. The court, however, upheld the woman’s reproductive rights while adding that the husband’s consent is necessary for ART.

The woman had pleaded before the court to conceive another child through the in-vitro fertilisation or restoration of conjugal relations, The Times of India reported.

The Mumbai-based couple has a minor child. The woman approached a court in Nanded for the restoration of marriage. She argued in favour of having the second child to take care of her in her old age. The court held her demand as legitimate.

The family court judge Swati Chauhan has asked the doctor to file a confidential report about the viability of the procedure.

The judge cited international conventions in upholding the rights of women in having sexual and reproductive choices.

Though the court has upheld the woman’s right, it admitted to the limitations of the law.

The court stated that the ART procedure breaches no law or social norms. The court also argued that the woman is ready to take care of the proposed child.

The husband’s counsel argued that by no means a spouse can be compelled to have conjugal relations when he/she does not want to have any more children.