Hindu divorce

2 years ago

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?