NEF LAW COLLEGE:GUWAHATI

MOOT COURT PROBLEM FOR INTRA MOOT

ANIL
RASHMI

..Appellant
Vs
..RESPONDENT

The Marriage between the Anil and Rashmi was solemnized on 31-01-2004 as per
the Hindu Religious Rites and Customs. Out of the said wedlock a son, namely Rahul was
born and he is 11 years old now. Although he was academically exceptional, but he was
twice caught stealing classmates personal belongings.
At the time of marriage the Anil was Business Man in GERMANY. After marriage Anil and
Rashmi lived together for 3 months and thereafter lived separately because of the
misunderstanding between them, but Mr. Anil kept on visiting his child occasionally as well
as provided maintenance for both of them. Since the harassment and cruelty of Anil crossed
the extreme extent, Rashmi was compelled to file a petition for divorce on the ground of
cruelty. Anil filled an original petition under the Guardians and Wards Act for the custody of
the 10 years old minor child, and a petition under section 9 of Hindu Marriage Act for
Restitution of Conjugal Right. The main allegation of the Anil was that, Rashmi was having
illegal intimacy with another person. The second contention was that, if the child is in the
company of Rashmi, it would affect the education of the child. Anil also contended that he
is financially better that Rashmi and hence the custody of the child be given to him. Rashmi
defended the matter and filed a written statement denying all the allegations.
In the meantime, the Principal Judge of Udalguri Family Court passed an ex parte
decree of divorce in favour of Rashmi and the petition for restitution of conjugal rights filed
by Anil was dismissed for default. After considering the oral evidence adduced by the
parties and examining the documentary evidence and also interviewing the child the trial
court came to the conclusion keeping in view that welfare of the child the custody should be
given to the mother and dismissed the original petition of the father filed under the
Guardians and Wards Act.

Against the order of the Trial Court, Anil filed an appeal before the High Court of
Gauhati. The contention of Anil was that, contrary to the deposition made by Rashmi before
the trial court that, she would not remarry, immediately after the judgment of the petition
filed under the Guardians and Wards Act, she remarried. It is, therefore, contended that the
continued custody of the child with Rashmi would be detrimental to the interest, progress
and welfare of the child..

ISSUES:
1.

Whether the Appellant Mr. Anil has the locus standi to file an appeal in the High
court?

2.

Will remarriage of the respondent amounts to termination of guardianship?

3. Whether the decision of the subordinate court of dismissing the petition for
restitution of conjugal rights was justified?
4. Whether the custody of the child to his mother will be detrimental to his physical and
mental welfare? And whether the financial condition of the mother shall be taken
into consideration while giving away the custody of the child.?
5. Whether the act of the husband (accusations of unchastity) actually amounted to
cruelty towards his wife?

# note: The Participants are free to frame new Issues in addition to the issues already
framed.