TEAM CODE : E-2

FIRST INTRA MOOT COURT COMPITETION, 2024

BEFORE

IN THE HON’BLE FAMILY COURT OF BANGALORE

M.C. No.123 OF 2022

IN THE MATTER OF:

DHRUV ……PETITIONER

V/S

TARA ……RESPONDENT

MEMORANDUM ON BEHALF OF THE PETITIONER

 1st Intra Moot Court Compitetion,2024

TABLE OF CONTENTS

CONTENT Page No.

TABLE OF ABBREVIATIONS 3

TABLE OF AUTHORITIES 4- 5

STATEMENT OF JURISDICTION 6

STATEMENT OFFACTS 7

STATEMENTS OF ISSUES 8

SUMMARY OF ARGUMENTS 9

ARGUMENTS ADVANCED 10

I. Whether the acts of respondent Tara amounts to adultery?

II. Whether the Tara deserves the remedy ofRestitution of conjugal Rights ?

PRAYER 11

Memorandum on Behalf of Petitioner Page2

 1st Intra Moot Court Compitetion,2024

TABLE OF ABBREVIATIONS
1. Sec Section
2. ¶ Paragraph
3. & And
4. AIR All India Reporter
5. ANNEX Annexure
6. ANR Another
7. BNG Bangalore
8. Cl Clause
9. HC High Court
10. SC Supreme Court
11. SCC Supreme Court Case
12. Hon’ble Honorable
13. i.e. That is
14. HMA Hindu Marriage Act
15. P. Page
16. r/w Read with
17. u/s Under Section
18. Vs. Versus
19. w.r.t With respect to
20. Art Article
21. ORS Others
22. JRD Jurisdiction

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1st Intra Moot Court Compitetion,2024

 TABLE OF AUTHORITIES

LIST OF CASES

1. Joseph v. Union of India. 2018, SC

2. Bipinchandra v.Prabhavati. 1957, SC

3. A Jayachandra v. Aneel kaur 2005, SC

4. Mausami Moitra Ganguli v. Jayant Ganguli 2008, SC

5. Naveen kohli v. Neelu kohli 2008, SC

6. Vikram Vir Vohra v. Shalini Bhalla 2010, SC

7. Vatireddy Chandrareddy v.Anuradha 2000,

8. Rishikesh Sharma v. Suraj Sharma 2006, HC

9. Dastane v. Dastane, 1975,

10. Russel v. Russel 1897

Memorandum on Behalf of Petitioner Page 4

1st Intra Moot Court Compitetion,2024

 STATUTES

HINDU MARRIAGE ACT. 1955

FAMILY COURTS ACT 1984
HINDU MINORITY AND GUARDIANSHIP ACT.1956
THE GUARDIANS AND WARDS ACT 1890
THE INDIAN MAJORITY ACT 1875
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDERN) ACT,2015

BOOKS

MODERN HINDU LAW - DR. PARAS DIWAN

LAW OF MARRIAGE AND DIVORCE- DR. PARASDIWAN

CONSTITUTION OF INDIA- V.N.SHUKALA’S

INDIAN CONSTITUTION LAW- M.P.JAIN

WEB RESOURCES

https://www.sci.gov.in/ Supreme court of India

https://indiankanoon.org/ Indian Kanoon

https://www.aironline.in/ All India Report

https://www.livelaw.in/ Live law

https://www.lawfinderlive.com/ Law finders

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1st Intra Moot Court Compitetion,2024
 STATEMENT OF JURISDICTION

The Hon’ble family court has exclusive JRD to hear this matter under;

1. Sec 7 of the family court act 1984 – which provides family courts with JRD over
matrimonial matters, including those concerning Marriage, Divorce &child custody.

2. Sec13 and 19 of the H.M.A,1955 – which govern the grounds and JRD for filing
divorce petitioners, respectively in this case, the family court has JRD to hear the
divorce petition based on alleged grounds of adultery as outlined in sec 13, and as the
couple last resided together within this JRD per sec 19.

3. Sec 6 of the Hindu minority and guardianship Act,1956 – which designates the
father as the natural guardian of a minor child and provides the basis for his claim for
custody of the minor daughter.

Memorandum on Behalf of Petitioner Page 6

1st Intra Moot Court Compitetion,2024
 STATEMENT OF FACTS

 Dhruva (Petitioner) and Tara (Respondent) got married in January 2015 by Hindu
rites in the presence of their families. Both are living in BNG. In March 2017the
couple blessed with Baby Girl name of Chandini.
 Dhruv has serious commitment on his professional and worklong hours to support
their family But Tara wants Dhruv’s time, love & care This leads to Tara jealousy on
Dhruv due to work circumstances& He was secretly talk with his secretary This leads
to Tara regular Fights with Dhruv.
 June 2021 one evening Savita lift Dhruv’sphone this leads to ugly fight between them
and Tara left home with her daughter. After some days Tara closely moved on
theCounselor Dr.Naveen in his clinic.
 In November 2021 Dr. Naveen was in BNG to attend a conference so he visited
Dhruv house, Tara and Naveen both felt happy &enjoyed and also going out of the
house for long hours.
 One day Dhruv found Naveen in his house Tara introduced him as Her Friend.
Dhruv’s daughter Chandini told her father “That tell Uncle to go Back” both
Petitioner and Respondent had bigfight, Dhruv asked choosebetween him and
Naveen. She forcibly threw out of his house and told never come back.
 Naveen give offered Tara to work in his hospital as Floor manager, Tara came to
know she is pregnant she immediately called Dhruv to share the good news with him.
Dhruv denied being the father of the child. Whereas Tara insisted that Dhruv was the
father of the child.
 Dhruv files divorce at family court in BNG on January 2022 on the ground adultery
and asking custody of his daughter.Tara denied of Dhruv statement and file
Restitution of Conjugal Rights and Interim maintenance

Memorandum on Behalf of Petitioner Page 7

1st Intra Moot Court Compitetion,2024

 ISSUES FRAMED

ISSUE 1

Whether the acts of Respondent Tara amounts to adultery?

ISSUE 2

Whether the Respondent Tara deserves the Remedy of Restitution of Conjugal

Rights?

Memorandum on Behalf of Petitioner Page 8

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CASE JUDGMENTS

1. Joseph v. Union of India 2018

In 2018, the SC made a historic ruling that changed India’s legal landscape on adultery,
the case was filed by Joseph Shine challenging the constitutionality of Sec 497 of the
IPC which made adultery a criminal offence but out for men. Sec497 of the IPC
criminalized a man if he engaged in a relationship with a married woman without
her husband’s permission, but if exempted the woman herself from any liability the.
court held that Sec 497 violated the right to Equality under Art 14 and 15 the right
to dignity and personal liability under Art 21, Justice D.Y. Chandrachud in his
opinion said that the law treated woman as mere property of their husband, which is
completely unacceptable in a Modern Society with this decision, Adultery is no
longer a criminal offence but remains a valid Ground for Divorce. the Joseph Shine
case was a major step forward in recognizing individual rights, equality and personal
freedom in india.

2. Russel v. Russel 1897

Cruelty was defined for the first time as a conduct of such character as to have caused
danger to life, limb or health bodily (physicaly) or mental or give rise to a reasonable
apprehension of such conduct.

3. Dastane v. Dastane
 1st Intra Moot Court Compitetion,2024

SUMMARY OF ARGUMENTS

1. Whether the acts of Respondent Tara amounts to adultery?

The counsel on behalf of petitioner humbly submits before the Hon’ble family court
BNG that petition is filed by Dhruv satisfies the ground required for divorce u/sec 13(1)
(i)(ia) the HMA 1955, his wife after the solemnization of the marriage had sexual
intercourse with any person other than his spouse. Than that person has committed the
offence of adultery & it is a reasonable ground to file divorce

2. Whether the Respondent Tara deserves the Remedy of Restitution of Conjugal

Rights?

The counsel on behalf of petitioner humbly submits before the Hon’ble family court
BNG that petition is filed by Dhruv is satisfied to denied remedy of Restitution of
conjugal rights of Respondent Tara due to valid reasons on ground of Adultery and
Mental Cruelty.

Memorandum on Behalf of Petitioner Page 9

 1st Intra Moot Court Compitetion,2024

ARGUMENTS ADVANCED

1. Whether the acts of Respondent Tara amounts to adultery?

The counsel on behalf of petitioner humbly submits before the Hon’ble family court BNG
that petition is filed by Dhruv satisfies the ground required for divorce u/sec 13(1)(i)(ia) the
HMA 1955,

Section 13 in The Hindu Marriage Act, 1955

13. Divorce.

(1) Any marriage solemnized, whether before or after the commencement of this Act, may,
on a petition presented by either the husband or the wife, be dissolved by a decree of
divorce on the ground that the other party

(i) has, after the solemnizedof the marriage, had voluntary sexual intercourse with any
person other than his or her spouse,

(ia)has, after thesolemnized of the marriage, treated the petitioner with cruelty.

2. Whether the Respondent Tara deserves the Remedy of Restitution of Conjugal

Rights?
The counsel on behalf of petitioner humbly submits before the Hon’ble family court
BNG that petition is filed by Dhruv satisfies the ground required for divorce according
this pravision Sec 9 Restitution of conjugal rights HMA 1955,

Memorandum on Behalf of Petitioner page 10

 PRAYER

In view of the foregoing, the petitioner humbly prays that the Hon’ble family court of
Bangalore be pleased to:

1. Grant a decree of divorce dissolving the marriage between the petitioner and
Respondent on the grounds of adultery, as provided under section 13(1)( i ) of the
HMA, 1955
2. Grant custody of the minor daughter to the petitioner, Under section 6 of the Hindu
minority and guardianship Act, 1965
3. Pass such further orders as this Hon’ble court may deem fit in the interest of justice,
Equity and Good conscience.

Place: Bangalore

Date : 08/03/2022 (Counsel on behalf of petitioners)

Memorandum on Behalf of Petitioner Page 11

 TEAM CODE : E-2

FIRST INTRA MOOT COURT COMPITETION, 2024

BEFORE

IN THE HON’BLE FAMILY COURT OF BANGALORE

M.C. No. 123 OF 2022

IN THE MATTER OF:

DHRUV ……PETITIONER

V/S

TARA ……RESPONDENT

MEMORANDUM ON BEHALF OF THE RESPONDENT

 1st Intra Moot Court Compitetion,2024

TABLE OF CONTENTS

CONTENT Page No.

TABLE OF ABBREVIATIONS 1

INDEX OF AUTHORITIES 4- 5

a) List of Cases

b) Statutes

c) Boooks

d) Web Resources

STATEMENT OF JURISDICTION 6

STATEMENT OF FACTS

ISSUES FRAMED

Memorandum on Behalf of Petitioner Page 2

 1st Intra Moot Court Compitetion,2024

TABLE OF ABBREVIATIONS
1. § Section
2. ¶ Paragraph
3. & And
4. AIR All India Reporter
5. ANNEX Annexure
6. Anr Another
7. BNG Bangalore
8. Cl Clause
9. HC High Court
10. SC Supreme Court
11. SCC Supreme Court Case
12. Hon’ble Honarable
13. i.e. That is
14. H.M.Act Hindu Marriage Act
15. P. Page
16. r/w Read with
17. u/s Under Section
18. Vs. Versus
19. w.r.t With respect to
20.

Memorandum on Behalf of Petitioner Page 3

 1st Intra Moot Court Compitetion,2024

TABLE OF AUTHORITIES
LIST OF CASES Page No

1.

Memorandum on Behalf of Petitioner Page 4

 1st Intra Moot Court Compitetion,2024

STATUTES

BOOKS

WEB RESOURCES

Memorandum on Behalf of Petitioner Page 5

 1st Intra Moot Court Compitetion,2024

STATEMENT OF JURISDICTION

Memorandum on Behalf of Petitioner Page 6

 1st Intra Moot Court Compitetion,2024
STATEMENT OF FACTS

Memorandum on Behalf of Petitioner Page 7

 1st Intra Moot Court Compitetion,2024

ISSUES FRAMED

Memorandum on Behalf of Petitioner Page 8

1st Intra Moot Court Compitetion,2024

SUMMARY OF PLEADING
Memorandum on Behalf of Petitioner Page 9

1st Intra Moot Court Compitetion,2024

PRAYER

In view of the foregoing the petitioner humbly prays that the Hon’ble family court Bangalore
be pleased to:

4. Graint a decree of divorce dissolving the marriage between the petitioner and
Respondent on the grounds of adultery, as provided under section 13(1)(i) of the
hindu marriage act 1955
5. Grant custody of the minor daughter to the petitioner, Under section 6 of the hindu
minority and guardianship Act 1965
6. Pass such further orders as this Hon’ble court may deem fit in the interest of justice,
Equity and Good conscience.

Place: Bangalore

Date : 08/11/2022 (Counsel on behalf of petitioners)

Memorandum on Behalf of Petitioner Page 10