Can't get a divorce because of infertility; it's harsh, says the Calcutta High Court The Calcutta High Court has declared that infertility is not a valid reason for divorce and that abandoning a woman who is dealing with infertility-related mental and physical health concerns is "mental cruelty." A man was having a case heard by the HC regarding his appeal for the dismissal of criminal charges brought against him after he filed for divorce, citing "persistent mental torment and agony" brought on by his wife, who was suffering from mental health issues as a result of primary infertility and premature menopause.