Amity University, Dubai

Odd-Sem Intra Moot Court Competition 2021

Moot Problem

I. Ishika Behl (35) was a resident of a posh society 'The Palms Residency' of Vaishali Hills.
She was a bright student and an even better professional as a software engineer, at
Infosys Ltd. In 2011 she got promoted to the post of Senior Managing Director at her
workspace which called for her joining at the Bengaluru branch. A week later to her
joining, her parents Ms. Kaamini Behl (66) and Vineet Behl (69) found a well suitable
boy, Ishaan Ahluwalia (37), who was running a self-sustained business in exports and
was based in the same city as that of Ishika.

II. On February 08th, 2012 Ishika and Ishaan formed a matrimonial alliance under the Hindu
Marriage Act of 1955. The marriage was an elephant act of pomp and show and Ishaan
was gifted with BMW X Series on the demands of Ahluwalia’s. Ishika completely shifted
to her In-law's house in Bengaluru. A year later, the couple was blessed with a daughter
named Ahaana. The family celebrated their joy by throwing a gathering at the Grand
Solitaire Hotel, Bengaluru. Ishika was asked by her In-laws and husband to quit her job
and start looking after child nurturing.

III. Ishika's mother-in-law, Dr. Ritu Ahluwalia, was a medical practitioner in the field of
Psychology at the very esteemed Chanakya Hospital. A night before the child's birth
celebration, she suggested Ishika inviting her family to the occasion of her child's birth
and made her fully aware of the prestige and name of her present family, i.e., the
Ahluwalia's. Dr. Ritu even called her out for the substandard and mediocre presents that
were given during Ishika's wedding and brainwashed her into demanding hefty presents
from her family. Soon the taunting nature of Ms. Ritu went out of bounds and every
passing occasion became an obligation for Ishika to ask her parents for opulent gestures
of wealth. When the child turned 4, Ishaan decided to move out of his parent's house and
settle down with Ishika and his daughter Ahaana, as the family started to experience a
tiff.

IV. As soon as everything began to settle, Ishika received a letter at their residence from one
of Ishaan's business partners Mr. Ronit Chatterjee, threatening to cancel a business tender
that Ishaan partnered with him, in case he fails to pay him the promised amount as
confirmed and signed by Ishaan on papers. Later when Ishika confronted Ishaan about the
threat, Ishaan peacefully denied it and comforted her that soon the matter will get closed.
Following the incident, on the night of 6th December 2015, Ishaan comes back from
work in a drunken state and asked to sell off their car which was a gift from Ishika's dad
at their wedding. Ishika got agitated and asked Ishaan to reconsider, but in the heat of
moment Ishaan pushed Ishika and went off to his room. The next morning Ishika noticed
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that their car was sold, and a week later she noticed her jewellery has been sold off too.
Seeing her husband in such a futile state, she started making late-night shifts at her office
to support him. But the moment Ishaan learned about Ishika's working he fought with her
and compelled her to immediately call off her job.

V. In the succeeding year 2018, the family decided to plan a vacation abroad, for which Ritu
and Harsh Deep asked Ishika to arrange for a trip with a Travel Agency. To Ishika’s
amusement, Ritu expressed her pitiful state that she could not do much for her son, her
daughter-in-law and for Ishika. She told Ishika that she can not pay at the moment for the
travelling expenses and asked Ishika if she can fill in the money for the time being for the
entire family, as she convinced Ishika that it was a much-needed vacation for their
family.

VI. On a fine Monday morning at 9:30 am when Ishaan went to run some errands, Ritu called
Ishika to her place to talk about the current situation of Ishaan and asked her to withdraw
some amount to get away with the hostile situation. Ishika could not think straight
because of what her husband was going through, and she dialed at her parent's home in
Vaishali, to ask for 3.5 crores of bill. Whatsoever, she conveyed her grievances and asked
her parents to sell off their ancestral home in Machail, Dinpur.

VII. Around 5:30 pm on 8th January 2020, she went off to her In-law's house. Upon her
arrival she witnessed her husband and her daughter Ahaana already sitting there with the
family. Later that night Ishika went to talk to her mother-in-law privately where Ahaana
goes by the balcony and saw her mother weeping into tears while her grandmother was
being loud about something. As soon as the supper got over, Ishika left with her daughter
and husband, and on their way back home, Ishaan and Ishika got curled up in a fight over
the amount she was paying to Ritu. Ishaan accused her of being overprotective where
Ishika got defensive and abused him for receiving dowry from her parents since they got
hitched.

VIII. The fight continued and heated up to the extent where Ishaan began cussing Ishika for
being an irresponsible wife and daughter-in-law. In the heat of the moment, Ishika
threatened to leave Ishaan and her daughter Ahaana. The following morning, 9th January
2020, Ahaana and Ishaan were taken aback when they realized about Ishika’s absence in
the house. Ishaan panicked and decided to wait till evening as this is not the only time
that Ishika left the house. There were times when she had gone outside to clear some air
and use to come back that very day. In the evening, Ishaan informs about Ishika’s
disappearance to Ritu and her husband Harsh deep aged (65) years, where the family
decides to enquire about Ishika’s presence at her friend’s place.
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IX. When nothing unravels, the family reports about Ishika’s missing to the nearest police
station on the evening of 9th January 2020 around 7:30 pm.
X. The next morning, a body is found in the nearest Artificial Water Canal by a cleaning
worker, on the outskirts of the Bengaluru city road in a distorted manner. The family
confirms the body identifies as that of Ishika's. When the news gets conveyed to Ishika’s
parents in Vaishali, they filed a complaint against Ishaan and Ishika’s In-law’s for dowry
and murder of their daughter. They informed the police that Ishika started to behave in a
distressed manner of agony, and frustration about her husband’s financial failures.

XI. The Post-mortem report submits that the body had been deflated due to drowning with
the assumption that the person died because of sudden trauma and unconsciousness. The
Police began the investigation on the matter and records the statements of possible
witnesses.

NOTE: Constitution of India and Indian laws are to be considered as in pari materia.

Issues
1.Will Ishaan Ahlluwalia Be Held Guilty For The Murder Of Ishika Ahlluwalia?
2.Will Ishaan And His Parents Will Be Held Liable For Dowry Demand, Cruely And/Or
Domestic Violence?
3.Ishika’s Death: Murder Or Sucide?
4. In Light Of The Crime Scene, Is There Any Element Of Suspicion Of A Third Party?