Recently, the Madras High Court observed that the concept of marriage in the present generation is taken very lightly, and people file for divorce even for trivial issues.
Background of the case:-
The respondent-husband filed a petition before the Family Court against his wife and prayed that his marriage that took place in July 2018 should be declared null and void.
After filing the petition, the husband moved an Interim Application seeking the Amendment to include Section 12(1) of the Hindu Marriage Act (HMA) because the wife was incapable of Childbirth.
He alleged that his wife suffered from Polycystic Ovarian Syndrome (POS) and she was not fit for cohabitation or for giving birth to a child. He further stated that his wife’s menstrual cycle extends to more than 25 days, and she has been taking medication for the condition since puberty.
On the other hand, the wife approached Madras HC under Article 227 of the Constitution. She prayed that the petition should be Struck off from Family Court, Chennai, because Section 12(1)(a) (HMA)cannot be invoked on various grounds.
The Bench stated that Polycystic Ovarian Syndrome was a common condition among the present generation of women, and condition in itself cannot be considered (impotence); the Bench opined that impotence was different and inability to give Childbirth is different and might be due to various mental and physical reasons.
Hon’ble Court further noted that the man alleged that his wife could not bear a child for two reasons, a) there was no cohabitation, b) that his wife suffered from PSOS because she has improper menstrual cycles.
After referring to the case’s facts, the Court observed that the wife was unable to prove that no cause of action was disclosed in the husband’s pleadings and was also unable to show that the cause of action was not natural but allusive.
The Bench ruled that the wife could not make any ground for the Court’s intervention under Article 227 of the Constitution and proceeded to dismiss the Revision Petition.