Legal Question in Family Law in India
I am rita teaching in delhi i married ramesh a year ago who lives in patiala. after 4 months of marrige i came back to delhi for my job and keep going patiala in holidays but after i concieved a girl child my husband who is charted accountant at patiala asked me to stay at patiala for having a boy child but when i refused due to my promotion is due and i also said that both girl and boy are equal and one child is sufficient.moreover i said to him before marriage that i am carrer oriented woman than he told me that he likes such women.now he filed a petition under section 9 of hindu marriage act saying that i am over sensetive and dont want to be seperated from my parents and dont want second pregnancy.he also pleaded that my parents are economically weak and they depend on my income thats why i am not coming to patiala.but this is not true my husband should not insist for male child for pregnancy consent of both person should be there woman is not an entity for procreation.i want economic independenceand my parents are economically sound some time even they help me .now please tell me can my husband succeed in his petition and what should i do to defend myselfand on which points i should fight my case
5 Answers from Attorneys
there is difference between second pregnancy and insistence for male child. Husband cannot insist for male child as it is not up to either of the spouse. For restitution of conjugal rights under section 9, husband might have good case. Your only defence could be if that being carrer oriented, you have better potential or your performace at work is to best potential at Delhi as compared to in Patiala. But that you would have to substantiate for which one needs to compare the working environment, prospects for promotion, recognition etc..So One would have to go into the allegation of section 9 petition before your defence could be prepared and incorporated in the reply.
You ought to prove that you are living separate from your husband with reasonable and probable cause and clearly establish the same in the Counter to defeat your husband's claim. The reason mentioned by you for restitution by your husband will not be considered as a valid ground. So you have many chances to succeed the same. To be frank, formal defences [such as he is doing cruelty, having bad habits, late coming] are good enough to defend the case. You have to take all stands to succeed the case.
J. Bennet Raj, M.L., Advocate
Bennet Raj Online Legal Solutions
he is C.A. and insisting you to have male childe. ask him is he fool? no one can insist specificly to have male or femel child. it is an ofence itself. there are some other grounds for your defence which can't explain here. u may call me 9587744142
What do you want ? Do you want to live with him or you are ready to divorce him ? section 9 petition cannot force you to stay with him even he gets the Decree. It may be a ground for him to divorce you.
what exactly do you want? you want to give him divorce or you want to stay in patiala or you want him to relocate to delhi. you gotta decide what is to be done. for the time being, you may file a transfer petition in the supreme court and get the case transferred from patiala to Delhi.
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