National

ETV Bharat / state

MP: Medical report says woman unable to conceive after she moved HC seeking husband's bail to bear child

The government counsel argued that the petitioner is beyond the age of conception while the petitioner submitted an affidavit contending it. The high court had appointed a team of doctors to examine the woman's medical condition. The report states that the woman cannot conceive. The next hearing has been scheduled on December 18.

MP: Medical report says woman unable to conceive after she moved HC seeking husband's bail to bear child
MP: Medical report says woman unable to conceive after she moved HC seeking husband's bail to bear child

By ETV Bharat English Team

Published : Nov 24, 2023, 1:15 PM IST

Jabalpur:A team of doctors examining whether a woman petitioner can conceive at her age, presented their report at the Madhya Pradesh High Court, stating that she has crossed the age of conception. The petitioner had approached the court, seeking a bail for her husband, who is serving imprisonment in a criminal case in Indore Jail, to bear a child with him.

The government counsel opposed the bail saying the petitioner is beyond the age of procreation and is unable to conceive either naturally or through artificial insemination due to menopause. In India, women experience menopause at 40 to 50 years and the woman has reached this stage, the counsel told court.

On the other hand, the petitioner, a resident of Khandwa submitted an affidavit saying she is capable to conceive. The petitioner's counsel, citing previous Supreme Court and High Court orders in this direction, mentioned that the right to procreation is a fundamental right. Having children for the purpose of taking ahead the family lineage is recognised in Indian culture and religious philosophy, he said requesting the court to grant bail to the petitioner's husband.

After hearing both the sides, the judge appointed a five-member team of doctors to examine the petitioner's medical condition. The court stated that the decision of granting bail would be taken after going through the medical report. Now, the report has been presented before the single bench of Justice Vivek Aggarwal.

The report stated that the woman is unfit to conceive. The petitioner's counsel requested the court for time to examine the medical report. Granting the petitioner's request, the single bench has scheduled the next hearing of the case on December 18.

Read More

  1. 40-year-old woman moves MP High Court for having child with her jailed husband
  2. Also Read:Woman in illegal relationship with another man can't expect maintenance from husband: Karnataka High Court
  3. Woman can't be denied alimony only because she is working: Allahabad HC

ABOUT THE AUTHOR

...view details