breach,compensation,Divorce,Marriage law
Breach of pre-marriage promise
My wife is refusing to fulfill her pre marriage promise to deliver a baby with a borrowed egg.Before marriage my wife told me that she has a disease and she will not be able to deliver a baby. I wrote an e-mail to her and made it clear that as the disease is a genetic disease so she would deliver our child with egg borrowed from some other healthy lady. She gave me an affirmative answer. She told me that she will do whatever is beneficial for the child and we got married then. But now she is creating problems and is breaching her pre marriage promise. Now she wants to have a child with her own egg but she has a genetic disease. We are living separately for a long time now. Can I file a divorce on the basis of genetic disease / inability to produce a healthy baby. Can I get compensation for breaching the pre marriage promise?
By  ullas ahuja  |  08 Mar 2016  |  Upvotes: 0  | 

1 Answer(s)

Tanushree Sharma
Advocate
You can file for a divorce only after expiry of one year from date of marriage. Only in exceptional circumstances can you file for a divorce earlier. You were fully aware that your wife was suffering from a genetic disease prior to your marriage. You had an option not to marry her yet you went ahead. You can't file for a divorce on grounds that she is suffering from a genetic disease. Further, you were aware that your wife had only 10% chance of delivering healthy baby. Merely because your wife is unable to give you a child, this is not a ground for divorce. Your chances of getting compensation are really bleak. We suggest you speak with your wife and persuade her not to bear child from her egg, showing her the ill effects of the disease.
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