BEFORE THE HON’BLE FAMILY COURT OF DELHI

IN THE MATTER OF

VINOD

(PETITIONER)

V.

SHILPA

(DEFENDANT)

COUNSELS ON BEHALF OF THE PETITIONER-

1.

2.

3.

WRITTEN SUBMISSIONS ON BEHALF OF THE PETITIONER

TABLE OF CONTENTS
LIST OF ABBREVIATIONS
 STATEMENT OF JURISDICTION

THE PETITIONER HAS APPROACHED THIS HON’BLE FAMILY COURT OF DELHI UNDER SECTION 7 OF
FAMILY COURTS ACT, 1984

Section 7 in The Family Courts Act, 1984

7. Jurisdiction.-
(1) Subject to the other provisions of this Act, a Family Court shall- -(1) Subject to the
other provisions of this Act, a Family Court shall-"
(a) have and exercise all the jurisdiction exercisable by any district court or any
subordinate civil court under any law for the time being in force in respect of suits and
proceedings of the nature referred to in the explanation; and
(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a
district court or, as the case may be, such subordinate civil court for the area to which the
jurisdiction of the Family Court extends. Explanation.-The suits and proceedings referred
to in this sub-section are suits and proceedings of the following nature, namely:-
(a) a suit or proceeding between the parties to a marriage for a decree of nullity of
marriage (declaring the marriage to be null and void or, as the case may be, annulling the
marriage) or restitution of conjugal rights or judicial separation or dissolution of
marriage;
(b) a suit or proceeding for a declaration as to the validity of a marriage or as to the
matrimonial status of any person;
(c) a suit or proceeding between the parties to a marriage with respect to the property of
the parties or of either of them;
(d) a suit or proceeding for an order or injunction in circumstances arising out of a marital
relationship;
(e) a suit or proceeding for a declaration as to the legitimacy of any person;
(f) a suit or proceeding for maintenance;
(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or
access to, any minor.
(2) Subject to the other provisions of this Act, a Family Court shall also have and
exercise-
(a) the jurisdiction exercisable by a Magistrate of the First Class under Chapter IX
(relating to order for maintenance of wife, children and parents) of the Code of Criminal
Procedure, 1973 (2 of 1974); and
(b) such other jurisdiction as may be conferred on it by any other enactment.
 STATEMENT OF FACTS

Vinod and Shilpa got married in the year 1990. At the time of marriage, Vinod was getting
Rs 3500/- per month as his salary from the firm M/s Jain and Company, whereas Shilpa was
working with a multinational company and earning Rs 7000 per month and as well as other
perks. Both were posted at Jaipur.

Subsequently, Vinod got a lucrative job in Delhi where his salary was Rs 6000/- per month.
After joining, he requested his wife to resign from her job and move over to Delhi but the
request was refused by Shilpa on one pretext or the other. She thought that it was necessary
for her to retain the job at Jaipur as her husband’s income was not sufficient to maintain the
family. Further, despite the marriage subsisting for 4 yours, the couple was not having a
child. Though earlier Shilpa at her insistence and initiative got her pregnancy terminated
medically, thrice during the last four years. When Vinod was anxious for a child. Shilpa is of
the opinion that in the initial years of her career she is not ready for a child and she will not
be able to handle both.

Greatly perturbed by the turn of events in the marital life, Vinod files a petition for restitution
of conjugal rights against Shilpa, and in the alternative prays for grant of Divorce on the
ground of wife’s cruelty. Per contra, Shilpa contends that she has a right of equality under
Article 14 of the Constitution and thus, a right to continue her job. Furthermore she contends
that to have a child on the insistence of her husband would be violative of Article 21 which
guarantees right to personal liberty.

Argue the application before the family Court of Delhi