{"id":223159,"date":"2019-12-11T17:54:32","date_gmt":"2019-12-11T12:24:32","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=223159"},"modified":"2019-12-25T17:28:47","modified_gmt":"2019-12-25T11:58:47","slug":"bom-hc-husband-cannot-be-ordered-to-procreate-during-pendency-of-petition-for-restitution-of-conjugal-rights-family-courts-conclusion-a-shock-to-judicial-conscience","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2019\/12\/11\/bom-hc-husband-cannot-be-ordered-to-procreate-during-pendency-of-petition-for-restitution-of-conjugal-rights-family-courts-conclusion-a-shock-to-judicial-conscience\/","title":{"rendered":"Bom HC | Husband cannot be ordered to procreate during pendency of petition for restitution of conjugal rights; Family Court\u2019s conclusion a shock to judicial conscience\u00a0"},"content":{"rendered":"

Bombay High Court: <\/strong>Ravindra V. Ghuge, J., while allowing the present petition and setting aside the impugned order of the Family Court, stated that:<\/p>\n

\u201cSeeking directions to forcibly have a second child during the pendency of a petition seeking restitution of conjugal rights, would be detrimental to the mental growth of the child.\u201d<\/strong><\/p>\n

The issue in the present petition that has been cropped up is:<\/p>\n

Whether the demand of an estranged wife, before the Family Court in a pending petition for restitution of conjugal rights that, the husband shall restore sexual relations and bear a second child from his wife or he be subjected to IVF so as to let the wife give birth to a child, is legal and sustainable?\u201d<\/em><\/p>\n

Bench stated that it is conscious of the pending proceedings between the parties and would refrain from dealing with the allegations in the two proceedings initiated by them.<\/p>\n

In the pending proceedings initiated by the wife, she has moved an application praying that the husband be directed to develop physical relations with the wife or he should be subjected to the IVF procedure<\/strong>.<\/p>\n

The Couple has one male child residing with the wife, she still desires to have one more with estranged husband and reasoned it by saying that in future the son would go abroad for education or a job and she would be alone and in that case, the second child would give her company.<\/p>\n

Wife also stated that as one of the reasons to compel the husband to have a second child that, the wife is about 35 years of age and it is the right age to have second child, lest with advancing age, she may not be physically and mentally in a position to have a second child.<\/p>\n

Petitioner-Husband opposed the application and specifically averred that no spouse can be compelled to have sex, directly or indirectly without free consent. He further states that the application be rejected and there should be no order to the petitioner-husband to develop physical relations with the wife or a direction to undergo any mode of procreation.<\/p>\n

Husband narrated before the High Court a list of cases filed by both the parties against each other in various police stations.<\/p>\n

High Court <\/strong>while the hearing was going on, called upon the advocate for the husband to take instructions as to whether his bitter experience could be forgotten and the couple could come together. Advocate submitted that considering the behaviour of the wife to strangulate the husband in his own clinic and what he has suffered, it is impossible for him to even think of cohabiting with her.<\/p>\n

Advocate for the wife submitted that she desires a second child from the petitioner-husband. She has filed a proceeding for restitution of conjugal rights as she desires to live with the petitioner husband.<\/p>\n

Family Court had issued the following directions:<\/strong><\/p>\n