SNBP Law College 1st Internal Moot Court 2019

SNBP LAW COLLEGE

(AFFILATED TO SAVITRIBAI PHULE PUNE UNIVERSITY)

1st INTERNAL MOOT COURT-2019

Submitted By :
Santosh Pandurang Chavan
LLB-III Year

MEMORIAL ON BEHALF OF THE RESPONDENT

1|Page

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019

IN THE HON’BLE SUPREME COURT OF DURGASTHAN

SPECIAL LEAVE PETITION UNDER ARTICLE 136 OF THE

CONSTITUTION OF DURGASTHAN

ORIGINAL CIVIL JURISDICATION

MS SAKHINA BANU ----------------------------------------------------PETITIONER

v/s

UNION OF DURGASTHAN AND OTHERS----------------------------RESPONDENTS

BEFORE SUBMISSION TO HON’BLE CHIEF JUSTICE AND HIS

COMPANION JUDGES OF

THE HON’BLE SUPREME COURT

DURGASTHAN

MEMORIAL ON BEHALF OF THE RESPONDENT

2|Page

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019

TABLE OF CONTENTS

SR NO TABLE OF CONTENT PAGE NO

1 LIST OF ABBREVIATIONS 4

2 INDEX OF AUTHORITIES 5

3 STATEMENT OF JURISDICTION 6

4 STATEMENT OF FACTS

5 STATEMENT OF ISSUES

6 SUMMARY OF PLEADINGS

7 AURGUMENTS ADVANCED 12

8 PRAYER 20

LIST OF ABBREVIATIONS

3|Page

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019

AIR ALL INDIA REPORTER

SC SUPREME COURT

SCC SUPREME COURT CASES

SCJ SUPREME COURT JOURNAL

SCR SUPREME COURT REPORTER

SEC SECTION

V/S VERSUS

APP APPELANT

RESP RESPONDENT

ART ARTICLE

U/S UNDER SECTION

U/A UNDER ARTICLE

U.O.I UNION OF INDIA

G.O GOVERNMENT ORDER

PG PAGE
Cri LJ CRIMINAL LAW JOURNAL

CR.PC CRIMINAL PROCEDURE CODE

ILI INDIAN LAW INSTITUTE

INDEX OF AUTHORITIES

4|Page

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019

Acts and Statutes

Muslim Personal Law (Shariat) Application Act, 1937
The Dissolution of Muslim Marriages Act, 1939
Islamic Family Law Act 1984
Muslim Marriage and Divorce Act 1951
The Constitution of India 1949
The Criminal Procedure Code,1973
The Muslim Women (Protection of rights on Divorce) ACT 2019
Protection of Women from Domestic Violance Act, 200
Indian Penal Code, 1860
Indian Evidence Act, 1872.
The Dowry Prohibition Act, 1961
Article 13 in The Constitution Of India 1949
Article 14 in the Constitution Of India 1949
Article 25 in The Constitution Of India 1949

List to Cases
1. Shayara Bano and others v. Union of India and others, Writ Petition (C) No. 118 of 2016.
2. The Masoor Ahmed vs .State NCT of Delhi and Anr.(Crl MC 10078.IN Bail
Appln.4746/2006
3. A.K. Gopalan
4. Maneka Gandhi vs.Union Of India AIR 1978,SC 597
5. A.V College Jullandhar vs State of Punjab,1971
6. Shahid Azad vs Union Of India on 28 September, 2018
7. Navtej Singh Johar vs Union Of India Ministry Of Law And ... on 6 Sept,2018
8. Srs Mining vs Union Of India & Ors. on 11 January, 2018
9. Mudassar Builders And Developers vs Union Of India And 2 Ors on 6 Dec 2017
10. D. B. Realty Limited And Anr vs The Union Of India Through The ... on 6 December, 2017
11. Ahmedabad Women Action Group v. Union of India

5|Page

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019
12. Maharshi Avadhesh v. Union of India
13. Sardar Taher Saifuddin Saheb v. State of Bombay AIR 1962 SC 853
14. Ajmer v. Syed Hussain Ali
15. Authorities in this judgment are identical to the above mentioned judgment of iauddin
Ahmed v. Anwara Begum.
16. The Rukia Khatun case
17. The Masroor Ahmed case
18. The Nazeer case

Books Refered
1. Jain M. P.(2014). Indian Constitutional Law. Delhi : Lexis Nexis
2. Muslim Law of Marriage Dower, Divorce and Maintenance Hardcover – 1 Apr 2015
by Kahkashan Danyal (Author)
3. Triple Talaq: Examining Faith Hardcover – 9 Feb 2018
4. Hindu Law Hardcover – 23 Mar 2016 by Mulla (Author)
5. Constitution of India Paperback – 2019 by Publication of Lexis Nexis (Author)

Website Referred
1. www.livelaw.in
2. www.ipleaders.com
3. www.inidakanoon.com
4. www.findlaw.com
5. www.livemint.com
6. www.vakilnol.com
7. www.ncaer.com
8. https://en.wikipedia.org › wiki › Triple_talaq_in_India

6|Page

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019

STATEMENT OF JURISDICTION

It is most humbly submitted that the petitioner has approach this honourable Supreme Court under

Art.136 of constitution of Durgasthan for the violation of fundamental rights guaranteed under the

constitution of Durgasthan petition.

The Petitioner most humbly and respectfully submits before the jurisdiction of the present court and

accepts that it has power and authority to preside over the present matter.

This suit has been fielded as a Special Leave Petition under:

Article 136 of the constitution of Durgasthan:

Article 136. Special leave to appeal by the Supreme Court

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special
leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter
passed or made by any court or tribunal in the territory of India

(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or
made by any court or tribunal constituted by or under any law relating to the Armed Forces

7|Page

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019

STATEMENT OF FACTS

CASE BACKGROUND:

 Durgasthan is a Secular country.

 The law and the constitution of Durgasthan as well as the courts and the judicial system are

in paramateria to the Laws and Constitution, courts and the judicial system of India. Any

Law, Legislation, Amendments of any Law and Judgement by any Courts shall be pari passu

( equivalent ) with the laws, amendments and Judgements in India.

 On August 2017 the Supreme Court had set aside Talaq –e- Biddat or also known as Triple

Talaq a type of Unilateral divorce by a Muslim husband as unconstitutional.

 Union Government passed “the Muslim Women ( Protection of rights on Marriage )Act,2019

having a retrospective effect from 19’th September ,2018

UNION GOVERNMENT STAND:

 The Union Government claim that this Legislation is taking into consideration

The Constitution goals of Gender Justice and Gender Equality of Married Muslim woman

and help to serve their Fundamental Right of Non-discrimination and Fundamental Right of

Non-discrimination and Fundamental Rights.

8|Page

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019
SAKINA BANU’S STAND:

 She has taken the stand by fling a writ petition before the high court saying that the
impugned Legislation is Violated to the Right of Equality Freedom of Religion and Right
of Life

 As a Crime in public wrong the problem arising out of the Domestic relation Like
Divorce gives rise to private wrong.

 Section -3 in this declare Talaq- e- Biddat as void and prescribes punishment illegal as
per section 4 of the Act

 Marriages in Muslim community are considered as Contract and section 7 of this Act
makes the offence cognizable and Non-bailable.

 This Act is self-contractual and the legislature is ill-conceived as Supreme Court issued
direction for the Legislation only 2/3 Majority only.

DECISION OF HIGH COURT:

 The court dismissed the petition on the ground that there is no scope for intervention in

the impugned legislature

 Sakina Banu has approached the Apex Courts challenging the action of high Court by

special Leave Petition

 The said Matter is fixed for final hearing before the Apex Court.

STATEMENT OF ISSUES
9|Page

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019

ISSUE 1:
Has ‘talaq-e-biddat’, which is concededly sinful, sanction of law?

ISSUE 2:
Is the practice of ‘talaq-e-biddat’ approved/disapproved by “hadiths”?

ISSUE 3:
Does ‘talaq-e-biddat’violates the rights envisaged under articles 12,15,21,25(1),26 and 29 of the
constitution Durgasthan?

ISSUE 4:
Impact of international conventions and declarations on ‘talaq-e-biddat’.

10 | P a g e
SUMMARY OF ARGUMENTS
Memorial On Behalf of Respondent
 SNBP Law College 1st Internal Moot Court 2019

ISSUE 1:
Has ‘talaq-e-biddat’, which is concededly sinful, sanction of law?

 It is sinful, sanction of Law

 Hindu Law references
 Muslim Law references
 Violation of fundamental Rights

ISSUE 2:
Is the practice of ‘talaq-e-biddat’, approved/disapproved by “hadiths”?

 ‘Talaq-e-Biddat’ is not allowed by hadiths.

 By Quoran not approve talaq

ISSUE 3:
Does ‘talaq-e-biddat’violates the rights envisaged under articles 12,15,21,25(1),26 and 29 of the
constitution Durgastan?
 Violation of rights as article 12
 Violation of rights as article 15
 Violation of rights as article 21
 Violation of rights as article 25 (1)
 Violation of rights as article 26
 Violation of rights as article 29

ISSUE 4:
Impact of international conventions and declarations on ‘talaq-e-biddat’.

 sullied the image of the country internationally

 unacceptable in law
 Universal Declaration of Human Rights

11 | P a g e

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019

ARGUMENTS ADVANCED

Talaq-e-biddah:

The bill makes instant triple talaq (talaq-e-biddah) in any form — spoken, in writing or

by electronic means such as email, SMS and WhatsApp illegal and void, with up to three
years in jail for the husband.

Talaq in Islam:
Types–
Talaq-e-Ahsan: The husband gives talaq to wife (in a single sentence) in state of purity (tuhr)
and waits for period of iddat. This type of talaq is revocable during the period of iddat. After
iddat, it becomes irrevocable;

Talaq-e-Hassan: There must be 3 successive pronouncements of talaq, BUT three

pronouncements are to be made in 3 successive tuhrs (in case of menstruating women) OR
consecutive intervals of 30 days (in case of non-menstruating women). It can be revoked
anytime before the third pronouncement.

ISSUE 1:

Has ‘talaq-e-biddat’, which is concededly sinful, sanction of law?

Yes, it’s concededly sinful, sanction of law.

• Meaning of Talaq In Islamic law divorce effected by the husbands pronouncing of the word
talaq this constituting a formal repudiation of his wife
• Types of talaq 1) Talaq –ul-sunnat a) Talaq ahsan b) Talaq hasan c) Talaq –ul-biddat 2)
Talaq by mutual consent a) Khula b) Muburat
• Meaning of talaq-ul-biddat Triple talaq is also known as talaq-e-biddat in any form spoken,
written or by electronic means as such as email or sms it is illegal and void. It is a fprm of
divorce practiced in muslim whereby the husband can give divorce to his wife by
pronouncing talaq 3 times. It is an practice amoung sunni muslims.

12 | P a g e

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019
Case law: Shayara Bano and others v. Union of India and others, Writ Petition (C) No. 118
of 2016. The Supreme Court of India set aside the practice of talaq-e-bidat, which allowed
certain Muslim men to divorce their wives instantaneously and irrevocably, on the basis that
it violated the Constitution of India.

The petitioners, and others who support the petitioner’s cause, have vehemently contended,
that ‘talaq-e-biddat’, does not have its source of origin from the Quran. The submission does
not need a serious examination, because even ‘talaq-e-ahsan’ and ‘talaq-e-hasan’ which the
petitioners acknowledge as – ‘the most proper’, and – ‘the proper’ forms of divorce
respectively, also do not find mention in the Quran. Despite the absence of any reference to
‘talaq-e-ahsan’ and ‘talaq-e-hasan’ in the Quran, none of the petitioners has raised any
challenge thereto, on this score. A challenge to ‘talaq-e-biddat’ obviously cannot be raised on
this ground. We are satisfied, that the different approved practices of talaq among Muslims,
have their origin in ‘hadiths’ and other sources of Muslim jurisprudence. And therefore,
merely because it is not expressly provided for or approved by the Quran, cannot be a valid
justification for setting aside the practice.

The petitioners actually call for a simple and summary disposal of the controversy, by requiring us to

hold, that whatever is irregular and sinful, cannot have the sanction of law. The above prayer is

supported by contending, that ‘talaq-e-biddat’ is proclaimed as bad in theology. It was 193

submitted, that this practice is clearly patriarchal, and therefore, cannot be sustained in today’s world

of gender equality. In order to persuade this Court, to accept the petitioners’ prayer – to declare the

practice of ‘talaq-e-biddat’ as unacceptable in law, the Court’s attention was invited to the fact, that

the present controversy needed a similar intervention, as had been adopted for doing away with

similar patriarchal, irregular and sinful practices amongst Hindus. In this behalf, reference was made

to the practices of ‘Sati’, ‘Devadasi’ and ‘Polygamy’.

We would now venture to attempt an answer to the simple prayer made on behalf of the petitioners,

for a summary disposal of the petitioner’s cause, namely, for declaring the practice of ‘talaq-e-

13 | P a g e

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019
biddat’, as unacceptable in law. In support of the instant prayer, it was submitted, that it could not be

imagined, that any religious practice, which was considered as a sin, by the believers of that very

faith, could be considered as enforceable in law. It was asserted, that what was sinful could not be

religious. It was also contended, that merely because a sinful practice had prevailed over a long

duration of time, it could best be considered as a form of custom or usage, and not a matter of any

binding faith. It was submitted, that no court should find any difficulty, in declaring a custom or

usage – which is sinful, as unacceptable in law. It was also the pointed assertion on behalf of the

petitioners, that what was sacrilegious could not ever be a part of Muslim ‘personal law’ – ‘Shariat’.

It was submitted, that the fear of ‘talaq-e-biddat’, was a matter of continuous mental torture, for the

female spouse. We were told, that the extent of the practice being abhorrent, can be visualized from

the aforesaid, position. It was submitted, that the practice was extremely self-effacing, and continued

to be a cause of insecurity, for the entire duration of the matrimonial life. It was pointed out, that this

practice violated the pious and noble prescripts of the Quran. It was highlighted, that even those who

had appeared on behalf of the respondents, had acknowledged, that the practice of ‘talaq-e-biddat’

was described as irregular and sinful, even amongst Muslims. It was also acknowledged, that it had

no place in modern day society. Learned counsel therefore suggested, that triple talaq should be

simply declared as unacceptable in law, and should be finally done away with.

• Grounds on which talaq-E-biddat is void :

1) Talaq e biddat is irrevocable form of talaq
2) Talaq e biddat is voilatee the fundamental rights of women
3) Talaq e biddat is unconstitutional in eye of court

14 | P a g e

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019
ISSUE 2:
Is the practice of ‘talaq-e-biddat’,approved/disapproved by “hadiths”?
• Meaning og talaq-e-biddat : Triple talaq is also known as talaq-e-biddat in any form spoken,
written or by electronic means as such as email or sms it is illegal and void. It is a form of divorce
practiced in muslim whereby the husband can give divorce to his wife by pronouncing talaq 3 times.
The instant talaq, unlike the other two categories of ‘talaq’, is irrevocable at the very moment it is
pronounced. It is an practice amoung sunni muslims.
• Meaning of quran: Among all the different names given to this Holy Scripture, `the Quran` (al-
Quran) is the most common and famous of them all. This is a name that the Almighty Allah has
given to the Book. From the first years of the revelation to Prophet Muhammad , it was called `the
Quran` by the revelation itself. About the meaning of the term `Quran`, there are two famous
opinions: 1) it is driven from al-Qar` meaning `to collect`. 2) It is driven from `Qara` (to recite).
• Meaning of Hadiths :The principle which were stated the stated in the quran found their
application in the hands of prophet this gave birth to Hadiths a source of law hadith is binding as the
principle of Koran. Hadith means the collection of traditions containing sayings of the prophet
Muhammad which, with accounts of his daily practice (the Sunna), constitute the major source of
guidance for Muslims apart from the Koran.
Considering the facts that triple talaq is un-Islamic, negated by highly regarded Islamic scholars, that
such a practice has been invalidated in many Muslim-majority nations and that it blatantly violates
provisions of Constitution of India, the Supreme Court has taken a proactive role in banning the
misogynistic practice of Triple Talaq, and has set forth a very strong example in the society. The
verdict is monumental and historic, and it is not only the victory of women but more than that, it is
the victory of Islam. Justice has not been meted out to the Muslim women for ages but now, the
Muslim women in India will be able to enjoy their fundamental rights and the dangling sword of
divorce over their head forever, will now be bygone tales of the past, thereby upholding the ideal of
‘women empowerment’ in the society.

• Grounds on which talaq-e_biddat is disapproved:

1. Talaq-e biddat is irrevocable form of talaq
2. Talaq-e biddat is voilatee the fundamental rights of women.
3. Talaq-e biddat is unconstitutional in eye of court.

15 | P a g e

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019
ISSUE 3:
Does ‘talaq-e-biddat’violates the rights envisaged under articles 12,15,21,25(1),26 and 29 of the
constitution Durgasthan?
Yes ,talaq-e-biddat’violates the rights envisaged under articles 12,15,21,25(1),26 and 29 of the
constitution Durgastan.

Article 12:
According to Article 12 of the Constitution of India, the term 'State' denotes the union and state
governments, the Parliament and state legislatures and all local or other authorities within the
territory of India or under the control of the Indian government.

Article 14 :

Article 14 - The Constitution Of India 1949. Equality before law The State shall not deny to any
person equality before the law or the equal protection of the laws within the territory of India
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. The first
principle equality before law, means all person are equal before law. Nobody is above law or below
law. Dicey’s rule of law is applicable in India. No rank, status, position and condition shall be
considered,. All will be treated equal .however, this is not absolute rule and there are few exceptions
to it, which as following, Governors, Sovernirs, diplomats i.e ambassadors and high commissioners,
judge and public officer.

Case law : Maneka Gandhi vs Union Of India1978 AIR 597 The Supreme Court held that right to
travel abroad is well within the ambit of Article 21. Therefore, to combat the above laid down law
the Parliament enacted Passports Act 1967. Passport Act, 1967 empowers the authorities to impound
the passport of certain individual if such action is necessary in the interest of sovereignty and
integrity of India, the security of India, friendly relations of India with any foreign country, or
general public. The court in Maneka Gandhi adopted the dissenting view of Justice Fazal Ali in A.K.
Gopalan v. State of Madras. Therefore, the court held that the while the procedure established by law
should be reasonable, just and fair it shall be free from any unreasonableness and arbitrariness.

16 | P a g e

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019
As per article 15:

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth the state cannot
discriminate the citizens on the ground of religion, race, caste, sex and place of birth or any of them.
Every citizen has right to access shops, public restaurant, hotels, and places of public entertainment
or the use of well, tanks, bathing ghats, roads and places on public resorts maintained out of state
fund or dedicated to the use of the general public

Case law: Joshi D. P. Vs state of M.P.,AIR1955, SC334 In this case court supreme court held that
the classification among the residence and non-residence is just, fair and reasonable and not
arbitrary, artificial or evasive and there is a relation between the basis of classification and the object
of the statute.

As per Article 21:

  “No person shall be deprived of his life or personal liberty except according to procedure
established by law.” 'Life' in Article 21 of the Constitution is not merely the physical act of
breathing.

As per article 25(1):

Subject to public order, morality and health and to the other provisions of this Part, all persons are
equally entitled to freedom of conscience and the right freely to profess, practice and propagate
religion.

As per article 26:

Confers upon the religious groups the freedom to manage religious affairs, as said in the above
clauses. The right to administer property owned by a religious denomination is a limited right, and it
is subject to the regulatory power of the State.

As per article 29:

Article 29 protects the interests of the minorities by making a provision that any citizen / section of
citizens having a distinct language, script or culture have the right to conserve the same. Article
29 mandates that no discrimination would be done on the ground of religion, race, caste, language or
any of them.

17 | P a g e

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019
Case law: Azeez Basha v. Union of India 7, 1968 AIR 662, the Supreme Court held that if an
educational institution is not been established by the minority community then they have no right to
administer it. The term “established” and “administered” have to be read in coordination. The
University Grants Commission Act prohibits the formulation of “University” established by the
educational institution unless and until it is governed by law.

ISSUE 4:
Impact of international conventions and declarations on ‘talaq-e-biddat’.

Durgasthan’s neighbours Pakistan, Bangladesh and Sri Lanka are among countries that have banned
instant triple talaq prevalent among Muslims for divorce. Durgasthan and 22 other countries have
banned the practice.

• Muslim Countries where Triple Talaq is banned .

1. Pakistan: It was abolished after recommendations by a 7-member commission on marriage and

family laws in 1956 and framed the legislation of marriage and divorce similar to Egypt, the husband
must pronounce Talaq in three successive menstrual cycles

2. Egypt: It was the first country to reform its divorce system in 1929 according to the Quranic
interpretation.

3. Tunisia: As per Tunisian Code of Personal Status 1956, it enshrine that the institution of the
marriage comes under the ambit of state and judiciary which cannot allow husband unilaterally to
verbal divorce his wife without explanation of reason. Memorial On Behalf Of Respondent 22

4. Sri Lanka: Although, it is not Muslim majority country but some Islamic scholars consider the
Srilankan Marriage and Divorce (Muslim) Act, 1951 as the ‘most ideal legislation on divorce (Triple
Talaq)’. This act envisages that if husband wants separation from his wife then he has to give notice
of his intention to Qazi (Muslim Judge) along with the relatives of the partners, elders and other
influential Muslims of the area, for attempting the provision of rethink, reconsider and reconcile.

5. Bangladesh: The process of divorce is very simple in Bangladesh just in three steps to divorce
for both Husband and Wife (When power of giving Divorce has been delegated in the Kabin)
wanting separation: I. Give Notice in writing; II. Face the Arbitration Board (Appeared or not don’t
18 | P a g e

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019
matter); and III. After expiry of 90 days take a registration certificate from a registered Nikah
Registrar (Kaji).

6. Turkey: The process of Talaq in Turkey can began only if the marriage was registered at the Vital
Statistics Office. Then the entire process of Talaq will done in civil court.

 The other countries where Talaq-e-biddat is banned are : • Cyprus Lebanon • Saudi Arabia
Libya • Morocco Kuwait • Algeria Sudan • Malaysia The UAE • Jordon Brunei • Iran

It was submitted, that continuation of the practice of ‘talaq-e-biddat’, sullied the image of the
country internationally, as the nation was seen internationally as a defaulters to those conventions
and declarations. It was pointed out, that by not consciously barring ‘talaq-e-biddat’, and by
knowingly allowing the practice to be followed, India was seen as persisting and propagating, what
the international community considers abhorrent.

This Court’s attention was also invited to the International Conventions on Economic, Social and
Cultural Rights (ICESCR). The

pointed aim whereof was to eliminate all forms of discrimination, including discrimination on the
basis of sex. It was highlighted, that the International Conventions Bill for Rights for Women was
ratified by 189 States. Referring to Article 1 thereof, it was submitted, that the objective of the
convention was to eradicate discrimination against women. Having signed the aforesaid convention,
it was submitted, that it was the obligation of all the signatory States, to take positive and effective
steps for elimination of all facets of discrimination against women.

It was highlighted, that ‘talaq-e-biddat’ was the worst form of discrimination, against women.
Learned Attorney General for India strongly supported the instant contention. It was his pointed
assertion, that the Indian State was obligated to adhere the principles enshrined in international
conventions. It was highlighted, that India was a founding member of the United Nations, and was
bound by its charter. It was submitted, that gender equality as a human right, had been provided for
in various conventions and declarations.

19 | P a g e

Memorial On Behalf of Respondent

 SNBP Law College 1st Internal Moot Court 2019

PRAYER

Wherefore in the light of the facts stated, issues presented, arguments advanced and the authorities
cited, it is humbly prayed that the Honorable Court may please : To

 Reject the Special Leave Petition filed by the petitioner.

 Uphold the Constitutional validity of The Women ( Protection of rights on Marriage ) Act,
2019.
 Any other order as this Hon’ble Court court may deem fit in the interest of justice and equity
and good consciences.

AND FOR THIS ACT OF KINDNESS THE DEFENDANT HEREIN SHALL FOREVER PRAY

Filed By:
(--------------------------------------)
Advocate for the Defendant

Drawn on:

Filed On:

20 | P a g e

Memorial On Behalf of Respondent