Yours is a very peculiar case. The act of your wife of using your sperm without your permission stored at a sperm Bank is a criminal matter, whwrein your wife as well as the sperm bank official responsible has to be made a party.

It can also be made a ground for divorce as it amounts to cruelty upon the husband. As you and your wife had no conjugal relationship for the last 2 years that has to be made as a major ground. If she is not residing with you for the last 2 years, the ground of desertion can also be added as that is a valid ground for divorce under section 13 of Hindu Marriage Act 

Wife has only used her husband sperm  for IVF 

Merely  because she did not take husband consent for using his sperm is not ground for divorce 

she was suffering from cancer and desperately needed a child 

court would not grant husband divorce 

Yes husband can file divorce on ground of mental cruelty and get divorce from his wife. 

But doctor and nursing home cannot be held responsible because they need signature of any relative not only of husband. 

If husband has not given permission than wife, nominee, Doctor's should held the responsible for this act.

Wife can use husband sperm for having a child 

as biological father of child you are responsible for child maintenance 

In artificial insemination it is necessary to take informed consent of both husband and wife. In india there is no specific legislation for the same but still some judgements of hon'ble apex courts are governed for the same. Husband can show that absence of consent can amount to cruelty

Yes he can file divorce petition against wife. 

Because both are not living together since long and if child will be born after long time separation on that ground

In India there is no legislation regarding artificial insemination. but without consent of husband wife cannot go for IVF treatment. husband consent required for IVF treatment.husband can file divorce on the ground of Creulty..

stored at sperm bank ? How 

and why

It is the doctor or the hospital who should be held responsible for this crime.

The nominee can play a role only after the lifetime of the person who has nominated them.

Therefore the nominee has no right to help the wife of the husband to get this sperm from the sperm bank.

The husband can lodge a criminal complaint against he hospital authorities for this crime or even drag them to the consumer forum for deficiency in service including breach of trust.

This is a serious crime even though she may be his wife 

This shall be as good as invading the privacy of the individual or theft.

You as a husband can initiate legal process as suggested or by consulting an advocate in the local on all such further issues.

- This can no be term as cruelty however yes criminal breach of trust U/s 405 of IPC you can file the complaint where you shall have to make the party to both your mother and wife as both were involved.

- Also, you can not approach the court with the ground of U/s 120B of IPC for criminal conspiracy with U/s 425 of IPC for mischief against the individual.

- However, you shall either have to approach nearby police station having the jurisdiction of your area or can file the complaint directly to Session Judge U/s 200 of CrPC.

Regards

Vivek Arya

1. As per the information mentioned in the present query, makes it clear that the role of the nominee comes into picture of the main person has died or became unconscious.
2. Here in the present case, it is totally against the law and illegal to use the same for having child.
3. Husband can file a case again the mother, wife, and doctors also as they should have asked for the ware about of the person whose sperms they used for the process.
4. And yes, this child cannot be the responsibility of the husband as it has neither come from a normal sex nor husband wanted to have child as he did not give consent also.