A (Gulf) woman has filed for divorce on grounds of harm at the Personal Status Court in Fujairah, due to her husband's health issues that prevent him from conceiving naturally, necessitating the use of in vitro fertilization (IVF).
In detail, the wife filed for divorce demanding compensation for the emotional distress she experienced during their marriage, requesting a divorce for harm, as her husband can only conceive through IVF, which requires long treatment periods and multiple attempts that tax her physical and mental energy. She emphasized in her lawsuit that she has a strong desire to conceive naturally without the burden of treatment and the need to take medications that could affect her future health, noting that doctors diagnosed her husband as unable to conceive naturally and suffering from health issues that prevent it.
She explained that she did not live a stable married life due to these issues indirectly affecting her, making it unbearable for her to live with her husband in the same household, and she pleaded for a divorce to achieve her mental stability.
In response, the husband told the court that throughout their marriage, he did not fall short in fulfilling his obligations toward her in all required aspects of married life, whether material or emotional. However, he stated that his wife insists he is lacking and deficient due to his inability to conceive naturally. He affirmed that all their attempts to conceive naturally had failed, which led them to consult a doctor who confirmed his wife's potential to conceive without treatment, prompting him to undergo medical tests revealing his inability to conceive naturally or through medication, but only via IVF.
He pointed out that the notion of being unable to conceive naturally is something decreed by God, asserting that he consulted multiple specialists to resolve his issue, and all agreed on his inability to father a healthy child without complications or deformities except through IVF.
The Personal Status Court rejected the divorce claim for harm, citing the wife's failure to prove the actual harm inflicted upon her.
