Another couple moves Madras High Court challenging upper age limit fixed under Assisted Reproductive Technology Act
1 year, 11 months ago

Another couple moves Madras High Court challenging upper age limit fixed under Assisted Reproductive Technology Act

The Hindu  

One more couple moved the Madras High Court on Wednesday, challenging the Constitutional validity of Section 21 of the Assisted Reproductive Technology Act of 2021 which states that only women between 21 and 50 years of age and men between 21 and 55 years of age can avail of assisted reproductive technology services. A First Division Bench of Acting Chief Justice T. Raja and Justice D. Bharatha Chakravarthy heard their writ petition along with a similar case filed by another couple last month, and passed interim orders for cryopreserving the male partners’ semen until the cases could be decided after hearing the Union Ministry of Health and Family Welfare. Both couples complained that they were unable to have a child through ART because of the upper age limit of 55 years fixed for the male partner. The petitioners’ counsel brought it to the notice of the court that the Kerala High Court and the Calcutta High Court had passed interim orders in favour of similar couples and hence, identical relief might be granted to these couples too, until the court takes a final decision on their writ petitions after ordering notice to the Centre.

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History of this topic

Upper Age Limit For Women To Avail ART Services Rational, Difficult For Mother To Support Child During Her Elderly Years: Madras High Court
1 week, 2 days ago

Upper Age Limit For Women To Avail ART Services Rational, Difficult For Mother To Support Child During Her Elderly Years: Madras High Court

Live Law  

Justifying the upper age limit prescribed for women under the provisions of the Assisted Reproductive Technology Act 2021, the Madras High Court recently observed that a woman who uses ART services for begetting a child is duty-bound to take care of the child till he/she attains majority. The petitioner, Kavitha Anand, argued that there was no upper age limit prescribed …

HC allows woman with overaged husband to undergo ART procedure
1 month ago

HC allows woman with overaged husband to undergo ART procedure

The Hindu  

The Kerala High Court on Monday allowed a woman whose husband’s age is over the statutory age limit of 55 to undergo an IVF procedure. The court passed the order when a writ petition filed by the woman challenging the refusal of the hospital authority to permit her to undergo the procedure as her husband has crossed 55, the age …

Female aged between 23 and 50 eligible for surrogacy, clarifies Kerala High Court
1 month, 1 week ago

Female aged between 23 and 50 eligible for surrogacy, clarifies Kerala High Court

The Hindu  

The Kerala High Court has observed that a female who attains the age of 23 would become eligible to have a surrogate child and ineligible on the preceding day of her 50th birthday anniversary as per the provisions of the Surrogacy Act 2021. The court made the observation recently while dismissing a writ petition filed by a 46-year-old wife and …

Woman Becomes Eligible For Surrogacy At 23 Years Age And Ineligible On The Preceding Day Of Her 50th Birthday: Kerala HC Clarifies
Trending News
1 month, 2 weeks ago

Woman Becomes Eligible For Surrogacy At 23 Years Age And Ineligible On The Preceding Day Of Her 50th Birthday: Kerala HC Clarifies

Live Law  

In reference to Section 4 of the Surrogacy Act 2021, the Kerala High Court stated that a female would be eligible to obtain eligibility certificate for surrogacy when she attains the age of 23 and becomes ineligible on the preceding day of her 50th birthday. “…there is no doubt that a female who attains the age of 23 would become …

Couple, denied IVF by clinic for crossing age bar, gets court's nod for process
4 months ago

Couple, denied IVF by clinic for crossing age bar, gets court's nod for process

India Today  

The Calcutta High Court has allowed a Kolkata-based couple to conceive a child through in-vitro fertilisation, overriding the prescribed age limit for such procedures. The decision was delivered by Justice Amrita Sinha after the couple approached the High Court after being denied permission from the state department. In her ruling, Justice Sinha directed the fertility clinic to provide all necessary …

Calcutta High Court Allows Infertile Couple To Avail Assisted Reproductive Technique Although Husband's Age Exceeded Statutory Limit
4 months ago

Calcutta High Court Allows Infertile Couple To Avail Assisted Reproductive Technique Although Husband's Age Exceeded Statutory Limit

Live Law  

The Calcutta High Court has allowed an infertile couple to avail of the facility of Assistive Reproductive Techniques to aid them in conceiving a child, even though the husband's age at 58 years, was above the statutory limit prescribed under the Assisted Reproductive Technology Rules, 2022.Justice Amrita Sinha held: In the instant case, the woman falls within the. The Calcutta …

Calcutta High Court Allows Infertile Couple To Avail Assisted Reproductive Technique Although Husband's Age Exceeded Statutory Limit
4 months ago

Calcutta High Court Allows Infertile Couple To Avail Assisted Reproductive Technique Although Husband's Age Exceeded Statutory Limit

Live Law  

The Calcutta High Court has allowed an infertile couple to avail of the facility of Assistive Reproductive Techniques to aid them in conceiving a child, even though the husband's age at 58 years, was above the statutory limit prescribed under the Assisted Reproductive Technology Rules, 2022.Justice Amrita Sinha held: In the instant case, the woman falls within the. The Calcutta …

Kerala High Court To Consider Validity Of 55-Yrs Upper Age Eligibility Criteria For Mediators
4 months, 1 week ago

Kerala High Court To Consider Validity Of 55-Yrs Upper Age Eligibility Criteria For Mediators

Live Law  

The Kerala High Court is set to consider whether a maximum age limit of 55 years could be stipulated as an essential eligibility condition for submitting applications for applying to the position of Mediators in the Mediation Centres of the Kerala State Mediation and Conciliation Centre. However, the Court expressed doubt regarding the fixation of a maximum age limit of …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 9 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of …

Couple moves HC questioning upper age limit prescribed by law for availing Assisted Reproductive Technology services
1 year, 11 months ago

Couple moves HC questioning upper age limit prescribed by law for availing Assisted Reproductive Technology services

The Hindu  

A newly married middle aged couple moved the Madras High Court challenging the constitutional validity of Section 21 of the Assisted Reproductive Technology Act of 2021 which states that only women between 21 and 50 years of age and men between 21 and 55 years of age could avail such services. Acting Chief Justice T. Raja and Justice D. Bharatha …

Calcutta High Court Grants Interim Relief To Couple Denied IVF Citing Age Bar In Assisted Reproductive Technology Act, Orders Preparation Of Embryo
2 years ago

Calcutta High Court Grants Interim Relief To Couple Denied IVF Citing Age Bar In Assisted Reproductive Technology Act, Orders Preparation Of Embryo

Live Law  

The Calcutta High Court on Friday granted interim relief to a married couple who was denied IVF, citing the age bar for couples under Section 21 of the Assisted Reproductive Technology Act, 2021.The provision mandates a man to be aged above 21 years and below 55 years for being eligible for assisted reproductive technology services. The Calcutta High Court on …

Andhra Pradesh High Court Dismisses Plea Against Minimum Age Condition In NEET
2 years ago

Andhra Pradesh High Court Dismisses Plea Against Minimum Age Condition In NEET

Live Law  

The division bench of Chief Justice Prashant Kumar Mishra and Justice R. Raghunandan Rao of the Andhra Pradesh High Court has dismissed a petition challenging the constitutional validity of the fixation of a minimum age of 17 years for appearing in the National Eligibility-cum-Entrance Test. The bench said that the High Court has already decided on the constitutional validity of …

Karnataka High Court allows 'marriage' of bride aged below 18
2 years, 2 months ago

Karnataka High Court allows 'marriage' of bride aged below 18

India TV News  

The Karnataka High Court has held that a marriage under the Hindu Marriage Act cannot be termed void even if the bride is below 18 years of age. A lower court had declared a marriage void under Section 11 of the Act but the High Court pointed out that this section does not include the condition of the bride being …

Uniform Marriage Age For Men & Women | Supreme Court Transfers Plea To Itself From Delhi High Court
2 years, 2 months ago

Uniform Marriage Age For Men & Women | Supreme Court Transfers Plea To Itself From Delhi High Court

Live Law  

The Supreme Court of India on Friday transferred petitions pending before the Delhi High Court seeking uniform age of marriage for both men and women to itself. Thus, CJI Chandrachud stated– "We allow the transfer of transfer petition pending before the Delhi High Court to this court." The petitioner has also elaborated that India's International Human Rights obligations under the …

Assisted Reproductive Technology Act | Enforcing Upper Age Limit On Couples Who Were In The Middle Of Treatment Is Arbitrary : Kerala High Court
2 years, 2 months ago

Assisted Reproductive Technology Act | Enforcing Upper Age Limit On Couples Who Were In The Middle Of Treatment Is Arbitrary : Kerala High Court

Live Law  

The Kerala High Court recently observed that the imposition of age restriction under the Assisted Reproductive Technology Act, 2021 without a transitional provision, is irrational and arbitrary. The Court has also directed the National Assisted Reproductive Technology and Surrogacy Board to alert the Central Government about the need for a re-look at the upper age limit prescribed in Section 21 …

Plea In Madras High Court Challenges Provisions Of Assisted Reproductive Technology (Regulation) Act
2 years, 3 months ago

Plea In Madras High Court Challenges Provisions Of Assisted Reproductive Technology (Regulation) Act

Live Law  

A group of women has approached the Madras High Court challenging the constitutional validity of Section 27 of the Assisted Reproductive Technology Act 2022. Section 27 of the Assisted Reproductive Technology Act prescribes rules to be followed by the assisted reproductive technology banks for sourcing gametes while Section 21 talks about the general duties of assisted reproductive technology clinics and …

Kerala High Court Appoints Amicus Curiae In Petitions Challenging Age Limit Under Assisted Reproductive Technology Act
2 years, 4 months ago

Kerala High Court Appoints Amicus Curiae In Petitions Challenging Age Limit Under Assisted Reproductive Technology Act

Live Law  

The Kerala High Court on Monday appointed an amicus curiae to assist the court in a batch of petitions challenging the upper age limit under the Assisted Reproductive Technology Act 2021. By virtue of Section 21 of the ART Act, the maximum age for men has been prescribed as 55 years, and the age limit prescribed for women is 50 …

Estranged Wife Moves Supreme Court Challenging ART Rule Mandating Husband's Consent For Donor Sperm Insemination
2 years, 4 months ago

Estranged Wife Moves Supreme Court Challenging ART Rule Mandating Husband's Consent For Donor Sperm Insemination

Live Law  

The Supreme Court on Thursday considered a writ petition seeking directions to quash a rule under the Assisted Reproductive Technology Act, 2021 requiring married women to obtain their husbands' consent for intrauterine insemination with donor sperm. Section 22 enjoins infertility clinics from performing any treatment or procedure without the written informed consent of all the parties seeking assisted reproductive technology, …

Kerala High Court Allows Senior Citizen To Seek Sperm Freezing In Plea Challenging Age-Limit Under Assisted Reproductive Technology Act
2 years, 5 months ago

Kerala High Court Allows Senior Citizen To Seek Sperm Freezing In Plea Challenging Age-Limit Under Assisted Reproductive Technology Act

Live Law  

In a notable order, the Kerala High Court recently allowed a senior citizen aged 61 years to seek cycro-preservation of his sperm, considering the fact that he was suffering from a rare cardiac condition.A single bench of Justice VG Arun granted this interim relief while considering a writ petition filed by the man and his 39 year old wife challenging …

Odisha Judicial Service: High Court Turns Down Plea To Relax 'Upper Age Limit'
3 years ago

Odisha Judicial Service: High Court Turns Down Plea To Relax 'Upper Age Limit'

Live Law  

The Orissa High Court has recently dismissed a writ petition which sought for relaxation in the ' upper age limit ' of the Odisha Judicial Service. It may also be noted that under Rule 41 of the OSJS and OJS Rules while certain provisions of the Odisha Civil Services Rules, 1962 and the provisions of the Odisha Service Code have …

"Can't Rule Out Possibility Of Forced Marriage": P&H High Court Directs Inquiry Into Marriage Of 19 Yr Old Girl With 67 Yr Old Man
3 years, 7 months ago

"Can't Rule Out Possibility Of Forced Marriage": P&H High Court Directs Inquiry Into Marriage Of 19 Yr Old Girl With 67 Yr Old Man

Live Law  

Calling it a shocking case, the Punjab and Haryana High Court on Monday directed a team of police officials to enquire into the marriage of a 19-year-old Girl with a 67-year-old man.The Bench of Justice Jasgurpreet Singh Puri was hearing the protection plea of the couple who claimed that. Calling it a shocking case, the Punjab and Haryana High Court …

SC Tags Plea Challenging Provisions Prescribing Different Ages For Marriage Tagged With Transfer Plea On Petitions Seeking Uniform Age Of Marriage
3 years, 8 months ago

SC Tags Plea Challenging Provisions Prescribing Different Ages For Marriage Tagged With Transfer Plea On Petitions Seeking Uniform Age Of Marriage

Live Law  

The Supreme Court on Monday tagged the petition challenging provisions which prescribe different ages for eligibility of marriage for the intended bride and groom with a pending petition seeking transfer of petitions before Rajasthan High Court and Delhi High Court that seek for a uniform marriage age for both men and women.A Bench headed by Justice AM Khanwilkar heard Senior …

Present Generation Taking Concept Of Marriage Very Lightly, They Apply For Divorce On Unimaginable Trivial Issues: Madras High Court
3 years, 11 months ago

Present Generation Taking Concept Of Marriage Very Lightly, They Apply For Divorce On Unimaginable Trivial Issues: Madras High Court

Live Law  

The Madras High Court recently observed that the concept of marriage in the present generation is taken very lightly and even for trivial issues, they file divorce, and marriage is broken. The Court also observed that the husband did not plead that the wife's inability to give birth to a child is 'Impotency', however, he did seek for annulment of …

Uniform Marriage Age For Men & Women : Supreme Court Issues Notice On Plea To Transfer Petitions From High Courts
4 years, 1 month ago

Uniform Marriage Age For Men & Women : Supreme Court Issues Notice On Plea To Transfer Petitions From High Courts

Live Law  

The Supreme Court on Tuesday issued notice on petition seeking transfer of petitions pending before the Rajasthan High Court & Delhi High Court which have sought uniform age of marriage for both men & women. The petitioner has also elaborated that India's International Human Rights obligations under the provisions of the Convention on the Elimination of All Forms of Discrimination …

First Wife Not Consenting To Husband's Second Marriage Not A Relevant Factor In Protection Plea Of Muslim Couple: P&H High Court
4 years, 3 months ago

First Wife Not Consenting To Husband's Second Marriage Not A Relevant Factor In Protection Plea Of Muslim Couple: P&H High Court

Live Law  

"The alleged illegality of the marriage of the petitioners having been solemnized without the consent of the first wife is not to be gone into in the present proceedings which are only regarding providing of protection to the petitioners", remarked the Punjab & Haryana High Court on Wednesday. Interestingly, in their plea for granting protection, the first wife of Man …

Madras High Court Grants Bail To Man Accused Of Impregnating Minor Girl On Condition To Marry Her When She Turns 18
4 years, 4 months ago

Madras High Court Grants Bail To Man Accused Of Impregnating Minor Girl On Condition To Marry Her When She Turns 18

Live Law  

The Madurai Bench of Madras High Court last week granted bail to a man accused of impregnating a 17-year-old girl after he expressed his willingness to marry the victim girl whenever she attains majority. He has been granted bail on the condition that the petitioner shall register the marriage with the victim girl on or before 30.10.2021 and produce the …

Plea In SC To Relax Age Limit For OBC Candidates Appearing For District Judge Exam [Read Petition]
5 years ago

Plea In SC To Relax Age Limit For OBC Candidates Appearing For District Judge Exam [Read Petition]

Live Law  

A Special Leave Petition has been filed before the Supreme Court, seeking to relax the upper age limit for persons belonging to Other Backward Class, for taking the District Judge examination. The Petitioner has however contended that the High Court ought to have considered the facts of the case, whereby the Petitioner and many other similarly placed candidates lost their …

PIL Filed In Delhi HC Challenging Difference In Minimum Age For Marriage For Men and Women [Read Petition]
5 years, 7 months ago

PIL Filed In Delhi HC Challenging Difference In Minimum Age For Marriage For Men and Women [Read Petition]

Live Law  

A Public Interest Litigation has been filed in the Delhi High Court by Advocate Ashwini Upadhyay seeking abolition of different minimum age for marriage for men and women. The Petitioner submits in his plea that the aforementioned distinction in minimum age for marriage not only violates right to gender equality under Articles 14 and 15 of the Constitution but also …

Kerala HC Dismisses Challenge Against Adoption Regulations, 2017, Stipulating Upper Age Limit For Prospective Adoptive Parent(s)
6 years, 3 months ago

Kerala HC Dismisses Challenge Against Adoption Regulations, 2017, Stipulating Upper Age Limit For Prospective Adoptive Parent(s)

Live Law  

“Once it is admitted that the child is either a child in need of care and protection and that the adoption is liable to be regulated in terms of the Act, 2015, then the petitioners' right to adopt is regulated by the Regulations framed under the said Act and the rights of the prospective parents has to immediately give way …

SC dismisses PIL for lowering marriageable age of male, imposes fine on petitioner
6 years, 5 months ago

SC dismisses PIL for lowering marriageable age of male, imposes fine on petitioner

Hindustan Times  

The Supreme Court on Monday dismissed a PIL seeking that the legal marriageable age for men be brought down from 21 to 18 years, as for women, and imposed a fine of ₹25,000 on a lawyer for filing such a plea. A bench comprising Chief Justice Ranjan Gogoi and Justice S K Kaul refused to entertain the plea filed by …

Child marriage will not become void automatically: Madras High Court
9 years ago

Child marriage will not become void automatically: Madras High Court

Deccan Chronicle  

Madurai: The Madras High Court here has held that a wedding between minor girl and boy will not become void automatically without either of them obtaining a decree of divorce from family court within two years of their attaining the legal age for marriage. A division bench here comprising justices S Manikumar and C T Selvam gave the ruling while …

Child marriage will not automatically become void: HC
9 years ago

Child marriage will not automatically become void: HC

India TV News  

Madurai: The Madras High Court here has held that a wedding between minor girl and boy will not become void automatically without either of them obtaining a decree of divorce from family court within two years of their attaining the legal age for marriage. A division bench here comprising justices S Manikumar and C T Selvam gave the ruling while …

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