S. S.
MANIYAR LAW COLLEGE, JALGAON
Dr. Annasaheb G.D.Bendale Memorial
15th NATIONAL MOOT COURT COMPETITION.
22nd & 23rd Feb, 2020
MOOT PROPOSITION
Dr. Annasaheb G.D.Bendale Memorial
15th NATIONAL MOOT COURT COMPETITION
Anil Sharma -------Appellant
Versus
Sunanda Sharma------- Respondent
1. The Appellant filed the present appeal against the order passed by the Hon’ble Delhi High
Court, thereby setting aside the judgment passed by the Additional District Court, Delhi
declining to award the maintenance pendent lite to the respondent wife U/s. 24 of Hindu
Marriage Act, 1955 and has granted interim maintenance of Rs.60,000/- per month to be
paid by the appellant to the respondent. The said amount is fixed in addition to of Rs.
10,000/ which the appellant has already been paying by way of interim maintenance as per
the order passed in Criminal Appeal U/s. 23(2) of Protection of Women from Domestic
Violence Act, 2005.
2. The facts of this appeal by way of special leave are that both appellant and respondent got
married on 16-02-2005. Thereafter, she was residing with appellant at Delhi. In or about
July 2007, on account of strained relations with the respondent in marital life, the appellant
filed a divorce petition in September 2007 under the Hindu Marriage Act, 1955 seeking
divorce on the grounds of cruelty before Additional District Judge, Delhi.
3. Thereafter, in November 2007 the respondent filed a petition under the Protection of
Women from Domestic Violence Act, 2005 and prayed for interim maintenance under the
same. Also, the respondent filed a complaint on 23.11.2007 U/s. 498-A and section 406 of
I.P.C. 1860 against the appellant and his family member which was later on registered as
FIR with the Delhi Police Station. In December, 2007, Respondent filed Criminal
Miscellaneous Application U/s. 125 Code of Criminal Procedure before the Mahila Court,
Delhi. Her interim application seeking maintenance amongst other reliefs U/s. 23(2) of
Protection of Women from Domestic Violence Act, 2005 was dismissed by the
Metropolitan Magistrate, Delhi on the ground that the respondent was employed and was
getting a stable income and that no document was placed on record by the respondent to
show that the respondent had again become jobless. Against the dismissed of application
for interim maintenance under Protection of Women from Domestic Violence Act, 2005
the respondent had filed Criminal Appeal before Additional Session Judge, Delhi. In the
said appeal, Additional Session Judge, Delhi by an order, granted maintenance of
Rs.10,000/- to the Respondent.
4. In the pretext of arrest the Appellant filed an application u/s. 438 Code of Criminal
Procedure for grant of anticipatory bail. The Hon’ble High Court granted anticipatory bail
to the Appellant subject to conditions.
Dr. Annasaheb G.D.Bendale Memorial
15th NATIONAL MOOT COURT COMPETITION
5. The Respondent filed application u/s. 24 of the Hindu Marriage Act, 1955 claiming interim
maintenance pendent lite of Rs.4,00,000/- per month and also a sum of Rs.80,000/- to meet
litigation expenses during the pendency of the divorce petition. In the said application, the
contention of the Respondent that she has no source of income and totally depending on
the appellant to maintain herself and therefore respondent claimed interim maintenance.
This application came to be resisted by the appellant and submitted that the respondent is
an educated lady and that she had completed her one-year course of Fashion. Therefore,
she is able to maintain herself. The application filed u/s. 24 of Hindu Marriage Act, was
dismissed by Additional District Court, Delhi. Being aggrieved, the Respondent filed Civil
Miscellaneous Application before the High Court, Delhi. The Hon’ble High Court in its
order directed both the parties to file an affidavit truthfully disclosing their correct income.
Both the appellant and respondent submitted an affidavit as to their income in compliance
of the aforesaid order. The Hon’ble High Court by the impugned order directed the
Appellant to pay interim maintenance of Rs.60,000/- per month in addition to Rs. 10,000/-
which was directed to be paid to the Respondent in the proceeding under the Protection of
Women from Domestic Violence Act, 2005.
6. Being aggrieved by the order of Hon’ble High Court Delhi, the Appellant came in before
this Hon’ble Supreme Court by way of Special Leave.
Argue the case on both sides before Hon’ble Supreme Court of India.
Note:- Indian Laws will be applicable for the petition.
