Maharashtra HC Allows Woman to Have Baby With Estranged Husband, Directs the Couple to ART Expert

Team Latestly
In a rare incident, a woman appealed the High Court, to grant her wish to have a second child with her husband, who had filed a divorce. Acknowledging that the law has its limitations and also noting the woman having her reproductive rights, the HC has directed the couple to visit an ART expert.

In a rare incident, a woman appealed the High Court, to grant her wish to have a second child with her husband, who had filed a divorce. While their case of separation is still ongoing, the 35-year-old woman reportedly pleaded for conception through the restoration of conjugal relations or in-vitro fertilisation, before her biological period gets over. Citing international laws and treaties on personal anatomy, the HC backed her decision for “reproductive rights,” being “basic civil rights of a human being,” directed the couple to an Assisted Reproductive Technology (ART) expert. Thane Woman Fakes Her UAE-Based Husband's Sign to Get Divorce; Marries Her Old Boyfriend. 

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The report that originally appeared on Time of India further reported that the court has asked the couple to head for consultation with a marriage counsellor on June 24 and also fix a meeting with an In Vitro Fertilization (IVF) expert, the coming month. Besides, the HC although stated that the woman has the right to reproduce and is entitled to exercise it, acknowledged that the law has limitations. Again, the husband’s consent for the ART is crucial. He opposed the plea and called it illegal, an allusion and against social norms. However, holding the woman’s request for her husband to donate his sperm, the state high court directed the couple to an ART expert. Gujarat Woman Seeks Divorce, Prefers ‘Chicken Dinner’ With PlayerUnknown Battleground Mate Over Husband and Kid. 

The couple, both professionals, have a minor child and the case is currently running at Nanded. The TOI report further stated that the husband who is based in Mumbai, had filed for divorce alleging cruelty by her in 2017 and the woman approached a court in Nanded for restitution. While both the petitions were pending, the woman in 2018 approached the family court to have another child with him. According to her lawyer, her plea is that since she is 35 years old, her fertile time is limited and she wants her first child to have a sibling and that both can support her in her old age.

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