MOOT COURT PROBLEM 3 Date: 09-06-2020
Mr Ramesh and Ms Sania both were belonging to IAS batch 2010. They were
good friends. They decided to convert that friendship into marital relationship.
Accordingly, with the consent of the parents they got married under Special
Marriage Act, 1954 in the year 2012. Mr Ramesh was an orthodox person and
had high religious beliefs and he wanted to have a male child. Sania was
employed as an IAS officer. She took matrimonial leave and delivered two
babies, one Geeta in 2014 and one Sapna in 2016. Due to absence of male child
there were quarrels between husband and wife. This resulted to divorce between
them by mutual consent.
During this difficult period Sania was transferred to Delhi. She met Mr
Chandrashekar a smart, Handsome and efficient IAS officer who expressed his
wish to marry her. As Mr Chandrashekar was married they waited for divorce.
Immediately after divorce they got married. Soon after marriage Sania got very
busy with administrative work and she decided not to have children for 5 years.
She was not taking proper care of her husband. Mr Chandrashekar tried his level
best to balance the relantionship. Sania told her children Geeta and Sapna that
Mr Chandrashekar is not their father. She always avoided Geeta and Sapna to
spend time with Mr Chandrashekar.
In 2018 Sania was transferred from Delhi to Bangalore. She shifted from Delhi
to Bangalore. The behaviour of Sania did not change. She was very dominant and
abusive on phone and in person whenever she was meeting Mr Chandrashekar.
Mr Chandrashekar was alone in Delhi and there was no one to take care of him
so he hired a domestic Servant Ms Rama. Maid servant was asked to stay at home
this led to live-in relationship between them.
In June 2019, when Sania visited Delhi she came to know about their relationship
as Rama was pregnant. Being aggrieved with misconduct and extramarital affair
Sania served a notice of divorce.
Sania filed divorce petition in Family court, Delhi on the ground of irretrievable
breakdown of marriage. Family court dismissed the petition. Against the decision
of the family court wife filed appeal in Delhi High court claiming the maintenance
under the Domestic Violence Act, 2005. High Court dismissed the appeal as there
is no specific provision under existing laws. The wife filed Special leave petition
in Supreme Court stating that divorce should be granted on irretrievable
breakdown of marriage.
1. Students with even register numbers should argue on behalf of Appellant and
students with odd register numbers should argue on behalf of Respondent.
2. Memorials should be neatly hand written on one side of the paper (green legal
sheets) in blue pen and has to be stitched in green thread.
Note:
Students should compulsorily submit their 2nd and 3rd Moot memorials
with Record ( Court Observation Record for 60 Marks).The students who
will not submit the record on the given dates will not be allowed for Presentation.
The Presentation will be Online. The dates for online Presentation will be
announced on 11-06-2020 on Website.
Date and time for Moot memorial submission:
19th June Friday 5 year B.A., LL.B and Repeaters between 9AM -12 NOON
20th June Saturday 3 year LL.B and Repeaters between 9AM-12 NOON
Date and time for Court Record submission:
29th June Monday 5 year B.A., LL.B and Repeaters between 9AM -12 NOON
30th June Tuesday 3 Year LL.B and Repeaters between 9AM-12 NOON.
