PROBLEM-2

Abhilash,a Chandigarh based CA married Kanika,a lecturer at commerce

college,Delhi.Kanika’s parental home is in Delhi whereas Abhilash’s parents are
putting up in Chandigarh for last 25 years.No specific discussions were made by
the couple regarding the location of their matrimonial home and no agreement
was reached regarding the continuance of Kanika’s Job after marriage.Repeated
assurances were given to Kanika by Abhilash that he respects career oriented
women and was most willing to have her as his wife.

After the marriage,Kanika managed to take leave for four months and stayed in
Chandigarh with Abhilash and his parents.After that period,she left for Delhi to
resume her job.Thereafter,husband and wife have been visiting each other during
the holidays quite frequently.A daughter was born to the couple in 1992,who
stays with her mother in Delhi.Abhilash has been persuading Kanika ever since
that she should leave her job and stay with him in Chandigarh so as to beget him a
son.Kanika refused to leave her job as her promotion is due in
December,1997.Moreover,she doesn’t want to lose her economic independence
and she feels that in an overpopulated country like India,one child in a family is
enough.Further she doesn’t rate a girl child any less an asset than a male child.

Abhilash filed a petition for restitution of conjugal rights under section-9 of the
Hindu Marriage Act.

It was alleged in the petition that-

▪ Kanika is oversensitive and could not bear the idea of staying away from
her parents for too long.
▪ She does not wish to go for a second pregnancy.
▪ She is not leaving her job as her parents are dependent on her salary.

Kanika alleged that she has been subjected to mental cruelty by her
husband.In her reply,she stressed that Abhilash should not insist on having
a male child as it is something which requires the desire and mutual
consent of the couple.She stated very emphatically that in the age of
women emancipation,wife is not to be perceived as an entity for
procreation but she bears certain basic human rights,of which right to
economic independence is an integral component.She further mentioned
that her parents are financially quite sound and they are helping her by
taking care of her child during her working hours.

Represent-the petitioner (Abhilash)

Represent- the respondent (Kanika)