Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Harish puri (student)     17 May 2011

divorce petition facts

ajay n shilpa got married in 2000.at the time of marriage , ajay was working at kangra n getting rs 4500 per month.whereas shilpa was working with MNC n was getting rs 7000.n other perks at same place.subsequently ajay gt a lucrative job in delhi where his salary was rs 10000 per month.After joining new job he requested his wife t resign her job n move over to delh but the request was refused by shilpaon one pretext or other.She thought , it was necessary for her to continue the job as the incime from the husband's salary is not sufficient to maintain the family.Further, despite marriage subsisting since the year 2000, the couple was not having a child.Though earlier shilpa at her instance n initiative had got her preganncy terminated thrice while ajay was anxious for child.Shilpa was of the opnion that in the early years of her career n looking to the nature of her job she may not be able to look after her child properly,

Being upset with the turn of events in the maritial life , AJY FILES A PETITION U/S 9 OF HMA.n alternatively prays for the divorce on the ground og cruelty.Shilpa contends that she has the right of equality under article 14 to continue her job.further th have a child at the instance of her husband will be violative of ast 21 of the constituition, right to personal liberty .

 

 

 

i hav to favour Ajay. giv me grounds so that i can prepare my moot courts



Learning

 2 Replies

Tajobsindia (Senior Partner )     17 May 2011

 

@ Author 

1.
HMA is gender Neutral and was not having intent and object starting from Art. 14 till 21 series so her defence is bald. 


2. Art. 21 defenses is a weak defence in the light of recent SC judgment on right to terminate pregnancy of a Mumbai based wife. 


3. If the consent of husband there in previous three termination of pregnancies of wife then husbands counter divorce (alternate prayer) is perhaps the weakest I see here. 


4. The only strong point for husband is filing S. 9 HMA here. Better ask him to delete the counter prayer seeking divorce too in the event S. 9 HMA fails. 

 

Harish puri (student)     18 May 2011

pls mention the particular acts,citation n frame the issue ........thanx in advance.......


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