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National
Jharkhand High Court Declines Husband’s Petition to Annul Marriage on Grounds of Infertility
✍️ The Indian Express
🗓 28 Aug 2026, 05:37 AM
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The Jharkhand High Court rejected a husband’s plea to dissolve his marriage on the basis of infertility, ruling that childlessness is not a legal ground for annulment.
The Jharkhand High Court on Monday dismissed a petition filed by a husband seeking to annul his marriage on the sole ground of infertility. The bench observed that the inability of a couple to conceive does not constitute a legal ground for dissolution of marriage under Indian law.
The petitioner argued that his marital rights were compromised due to his wife's inability to bear children, but the court held that marriage is a civil contract protected by personal law statutes, which do not permit termination solely on medical or biological grounds.
Judges also noted that the Constitution guarantees equality and non-discrimination, and that allowing annulment on infertility could set a dangerous precedent affecting countless families. The decision reaffirms that issues of childlessness must be addressed through counseling or adoption, not through termination of the marital bond.
Legal experts say the ruling aligns with previous judgments of the Supreme Court, which have consistently ruled that infertility is not a ground for divorce or annulment. The case underscores the judiciary's stance on protecting marital stability irrespective of reproductive challenges.
The petitioner argued that his marital rights were compromised due to his wife's inability to bear children, but the court held that marriage is a civil contract protected by personal law statutes, which do not permit termination solely on medical or biological grounds.
Judges also noted that the Constitution guarantees equality and non-discrimination, and that allowing annulment on infertility could set a dangerous precedent affecting countless families. The decision reaffirms that issues of childlessness must be addressed through counseling or adoption, not through termination of the marital bond.
Legal experts say the ruling aligns with previous judgments of the Supreme Court, which have consistently ruled that infertility is not a ground for divorce or annulment. The case underscores the judiciary's stance on protecting marital stability irrespective of reproductive challenges.