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Vinod and Shilpa got married in the year 1990.

At the time of marriage, Vinod was getting paid


Rs 3500/- per month as his salary from the firm M/s Jain and Company, whereas Shilpa was
working with a multinational company and was earning Rs 7000/- per month as well as other
perks. Both were posted at Jaipur. Subequently, Vinod got a lucrative job in Delhi where his
salary was Rs 6,000 per month. After joining, he requested his wife to resign from her job and
move to Delhi but she refused on one pretext or another. She thought her husband’s income
was not sufficient for them to sustain. Further despite the marriage subsisting for four years,
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 while Vinod was anxious for a
child. Shilpa is of the opinion that she is in the initial years of her career and looking to the
nature of her job, she may not be able to look after the child properly.

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

Argue before the family court of Delhi.

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