P. VENKAT RAO Vs. P. PADMAVATI

JUDGEMENT

(1.) Heard.

(2.) The present appeal is by the husband against the dismissal of a petition seeking divorce under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955. The dismissal order was passed in Civil Suit No.98A/2015 by Third Additional Principal Judge, Family Court, Durg on 7/5/2018.

(3.) The brief facts in this case are that the appellant was earlier married and got divorced from his first wife in the month of July 2010. From the first marriage a son was born, who was aged about 10 years at time of second marriage. The husband stated that to secure future prospect and to provide parenthood to the son, the husband again married with respondent P. Padmavati on 6/3/2011 at Arya Samaj, Bhilai. The husband stated that before the second marriage, past was disclosed to the second wife including about the son. It is further pleaded that before the second marriage he went through vasectomy (Nasbandhi) as he did not want any further child in future. The respondent/wife also acceded to such arrangement to accept son from the first wife to be their only son. The husband further alleged that after two years of marriage, things went normally but subsequent to it, the wife expressed her desire to have a child. Being objected by husband, the son was subjected to torture and pressure was exerted on the husband to have a child of their own. In furtherance of such object, by way of IVF (In Vitro Fertilization) the wife got pregnant from the eggs and sperms of outside donors. The husband alleges that he wanted to donate his sperm, but instead of taking the sperms of the husband, the wife got pregnant from sperms of unknown donor. After she got pregnant she underwent the treatment for removal of extra embryo in her womb and eventually twin daughters were born on 23/9/2014. Subsequent to it, atmosphere at home became totally hostile and the wife in front of the friends used to make sarcastic comments on the husband that he is not capable to give birth to child. The husband further alleged that the wife used to abuse and extend the threat that the husband would be inculpated in some false case, therefore, under these circumstances, the husband kept silence and eventually they started living in the same house but separately with different kitchen, having different source of access. The husband stated that because of the abuse and mental cruelty meted out to the husband by the wife, as she got pregnant by sperm of outside donor, he is entitled to divorce as they cannot go along further.