Hindu divorce Hindu divorce

1. Aakriti was a firm believer of feminism and women liberty since her youth and was working as a software analyst with a reputed MNC in Mohali. She was a fun-loving girl and was habitual of going for late night outs and clubbing with her office colleagues and friends. 2. She had tied nuptial knot with a businessman Aahit on 20th September 2017 and moved to her matrimonial house of eight members including Aahit, his parents, his brother, brother’s wife and their two sons. 3. The married life of Aakriti and Aahit was a bliss for the first four months but gradually the friction arose between the two as Aahit had a strong disliking for the job role of Aakriti and her habits of coming late at night, freely talking to her male and female colleagues and wearing western clothes. 4. On 30th Aug 2018 a baby girl ‘Nia’ was born out of this wedlock but except Aakriti, no one in the family was happy with the birth of a girl child. The fights between the couple increased and Aahit’s family starting supporting their son and blaming Aakriti for the unhappy environment in the family and also for giving birth to a girl child. 5. On 20th December 2018, at around 7:00 pm, Aakriti told Aahit that she is going for a late-night informal party to be held at her Boss and friend Veer’s place for successful launch of a new software of their company. Aahit clearly refused to permit her to go out for the concerned party as the attendance was not mandatory and Nia was also too small. 6. Despite his refusal, Aakriti went for the party, had few drinks and dinner in the party and returned back home at around 1:30 am. 7. Aahit did not allow her to enter inside the house or to meet Nia. The other family members came at the entrance door after hearing their loud arguments and shouting and scolded Aakriti. 8. Aahit also shouted loudly that Aakriti has illegitimate relationship with Veer so she should go and sleep with Veer only. Heartbroken and agitated, Aakriti left her matrimonial house immediately. She spent that night at Veer’s house and arranged a P.G. accommodation from the next evening. 9. Veer as a good friend supported Aakriti to resettle again and find suitable accommodation. 10. After that Aakriti called Aahit thrice within short intervals and asked him to give Nia to her. However, Aahit always refused bluntly by saying that she can never become a responsible mother. 11. On 5th June 2020, Aahit’s mother left her house for pilgrimage. After few days, Aahit sent a whatsapp picture to Aakriti. Nia was badly crying in that picture. 12. On 31st December 2020 Aakriti has filled a divorce petition and also seeking the custody of her child against Aahit. 13. Aahit also filed a petition against Aakriti for the restitution of conjugal rights. Issues:  Whether the decree of divorce can be granted?  Whether Aahit is entitled for the restitution of conjugal rights by Aakriti?

Kishan Dutt Kalaskar Retired Judge

Responded 9 months ago

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A.Dear Sir,
Your question deserves to be analysed very minutely and now you can see the ingredients of Restitution of Conjugal Rights as follows:
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]

I could have explained more if background is known to me. You are supposed to give more details to get detailed answer.

Please be inform that free questions deserves to be attended on priority basis so be brief but disclose summary of your case.

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Anik

Responded 9 months ago

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A.Dear Client ,
Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other.But under no circumstances the court can force the erring spouse to consummate marriage.Divorce can be granted.
Thank you.
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Advocate Sinjari Bandyopadhyaya

Responded 9 months ago

A.To give opinion, it is necessary to scrutinize the pleadings of that Divorce Petition filed by Aakriti and the Written Statement filed by Aahit in this regard. As the child's age is below 5 yrs and as she is girl child so Aakriti is entitled to get the custody of Nia until and unless Aahit will prove that it will be prejudicial for Nia, however, Aahit as the father has the responsibility to pay the maintenance of Nia till her marriage.

In case of Restitution of conjugal rights petition as filed by Aahit, it depends upon Aakriti whether to opt the same more particularly for the sake of Nia, without sacrificing her dignity and self respect. Court will always encourage for Restitution of conjugal rights but the ultimate decision is of the husband and wife.
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