Maharashtra HC Allows Woman to Have Baby With Estranged Husband, Directs the Couple to ART Expert
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In a rare incident, a woman appealed the High Court, to grant her wish of having a second child with her estranged husband, who had filed for 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. 

The report that originally appeared on Time of India further said that the court has asked the couple to head for consultation with a marriage counsellor on June 24 and also to fix a meeting with an In Vitro Fertilization (IVF) expert, in the coming month.

Although the HC stated that the woman has the right to reproduce and is entitled to exercise it, the court acknowledged that the law has limitations. Again, the husband’s consent for the ART is crucial. He opposed the plea and questioned her intentions. 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 working professionals, have one minor child together and their case being pursued at Nanded. The TOI report further stated that the husband who is based in Mumbai, had filed for divorce on the grounds of cruelty by her in 2017.

The woman approached a Nanded court, requesting restitution. Despite the pending petitions, she still approached the family court to have another child with him. In her pea, the woman states that since she is 35 years old, her body clock may stop ticking. She wants her child to have a sibling so that both can support her in her old age.