Legal Question in Family Law in India

This is in relation to the current state of affairs in one of my very dear friends married life , his wife does not wish to return to mumbai from ahmedabad , as she does not wish to stay away from her parents and seeks relocation of my friend to her native place . She stayed after marriage with him for just two days at his Mumbai residence. From the date of arrival at his place the wife started complaining of ill health and to my friend it seemed that she was very uncomfortable in Mumbai .He therefore decided to send her home for a few days with her parents who were also there in Mumbai at that time. The Only blunder that my friend did was that he did not take consent of his wife on getting her tickets done, as he thought she would appreciate her husband�s gesture of understanding her mental state and therefore deciding on giving her a few more days stay in Ahmadabad.

But to sheer horror and shock, his wife took this act as an offence to belittle her in front of her family and came to the conclusion that she was unceremoniously shooed away with her parents for no rhyme or reason. She was so upset at the turn of events that she refused to acknowledge any justification of her husband who pleaded with her to let him come along with her and then return together .But she refused and left with her parents.

The very next day my friend turned up at her house and tried his level best to reconcile things between them, he sought forgiveness for his actions knowing that he was genuinely having no ulterior motive in sending his wife back, but it was just an attempt to ease things for his wife who was not liking the change. The visit did not yield any result and he returned alone.

Thereafter several attempts were made to ease things, but to no avail .Close to around visits were made within a span of 3 months in an attempt to salvage the marriage but to no avail.

One fine day the wife called her and gave him and option that if he wanted this marriage to be revived he should relocate to Ahmedabad . Actually my friend during his several attempts to pacify her gave her this option that if she wished he would relocate & he did genuinely try to get him a job . However he could not get an offer good enough to relocate , because it was a career changing move and the impact would be on him and his family to be in due course of time .

In days leading up to the decision to relocate or not , both husband wife shared a great relationship , he used to visit her every one month and things looked good . He was hopeful that she would understand his state and come back to him .But one day having disclosed his inability to relocate on account of decent job offers , she abruptly decided to cease the relation with him and sought a divorce

It has been on that same stage since then and a year have lapsed , she recently called him up and demanded a mutual consent divorce to be filed from Ahmedabad and also sought alimony .

I have received several views from expert from the field pertaining to such matters and have more or less got to understand that Law at least in this aspect is heavily biased in favour of the women and judgments have been made more than often in favor of the female.

Now Having Put up the facts above , I seek clarity and advice on the way forward as to what would be the best possible remedy for such a situation .

Can the below mentioned facts give some respite to the Husband

1. She went after 2-3 days after marriage and never returned in spite of repeated attempts to get her back .The boy and his mother even visited her and met with the entire family of the girl, the boy family in fact returned all the jewelry given to the boy and his family during this visit as the girl demanded so but his family did not ask them to return the jewelry given by them to her .

2. There was no dowry Involved in the marriage & whatever time she spent in Mumbai with her husband her parents were also in Mumbai and she left with them ., this can be proved . However Can she falsely implicate him and his family for dowry demands and ill-treatment without any proof .

3 . She after having left her husbands home in Mumbai never returned to Mumbai , instead the boy made close to 10 vsits to Ahmadabad on every given option to woo her back .This can be evidenced by the air tickets .

4. What is the fault of the boy , if the girl does not wish to leave her parents after marraige , she should not have ideally not got married in the first place .

5 . By ensuring any alimony on such cases by the courts, is it not going to foster a situation, wherein any girl would use the law to earn fast buck . The possibility of a transfer was easily accessible to the girl as she works for a bank, however the boy works in a private firm in Mumbai with no branches.

6 . What is left for the boy on such a situation, can he be made a victim for no fault of his , is there any scope of fair justice being also given to him

7 Can a judgment earlier given by the Supreme court Justice Sirpurkar (2003 ) on similar case give any relief to the boy . Or is it entirely on the case presentation and evidences provided .

8 .What does it mean by enforcement of conjugal rights .

9 . As there any landmark judgments made in such similar cases where the court has given the boys family a fair deal .

10 How to safeguard one and his family from the potential misuse of 498 A.

Please advice �it is an honest plea to save a boys life who is just made a victim of fate and some impulsive and irrational behavior exhibited by the girl and her family .

1 Answer from Attorneys

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