Memorial Respondent

UNIVERSITY INSTITUTE OF LEGAL STUDIES
2nd NATIONAL MOOT COURT COMPETITION
(2nd–4th NOVEMBER, 2017)
TEAM CODE: 12
BEFORE THE DISTRICT/ FAMILY COURTS, DELHI
SANDRA...............…………………………………………………………….......PETITIONER
VS
BENEDICT...........................................................…………………........……….RESPONDENT
MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT


TABLE OF CONTENTS
TABLE OF CONTENT………………………………………............…………………………….
INDEX OF AUTHORITIES…………………………………….........…………………………….
STATEMENT OF JURISDICTION……………………………......
………………………………
STATEMENT OF FACTS………………………………………...……………………………….
STATEMENT OF ISSUES...........…………………………………………………………………
SUMMARY OF ARGUMENTS OR ARGUMENTS ADVANCED..............................................
PRAYER………………………………………………………………………......………………..


Table of Content
BOOKS
I. The Special Marriage Act, 1954

II. The Indian Penal Code, 1860
III. The Code of Criminal Procedure, 1973
IV. The Hindu Adoption and Maintenance Act, 1956
V. The Hindu Marriage Act, 1955
VI. The Code of Civil Procedure, 1908
VII. The Indian Christian Act, 1872
VIII. The Guardian and Wards Act, 1890
IX. The Protection of Women and Children Act, 2000
1.
LIST OF ABBREVATIONS

1. All India Reporter A.I. R
2. Article Art.
3. Hindu Marriage Act HMA
4. Special Marriage Act SMA
5. Honourable Hon’ble
6. Non Resident Indian NRI
7. According Acc.
8. Others Ors.
9. Supreme Court SC
10. Supreme Court Cases SCC
11. Senior Sr.
12. And &
13. Union of India U.O. I
14. Versus v/vs.
15. Indian Majority Act I.M.A
STATEMENT OF JURISDICTION

It is humbly submitted that the petitioner has approached the District/Family

courts of Delhi. The District/Family court has the jurisdiction on the matter.
SUMMARY OF FACTS

1. Respondent is a French young boy, who lives in Cognac (South-western French

province) has just completed his 20 th Birthday and is very happy as his father has
permitted him to study medicine at a highly prestigious Bute Medical School (University
of St Andrews)Fife, Scotland, UK. Benedict started reading about para psychology and
occult interpretations of mystic Indian and Nepali, religious and customary traditions
where it was believed that there is a life after death and some people, called ‘Aughad’
do perform practices to give a real experience by inviting
spirit through certain occult performances using men, women and children. Respondent
had a huge curiosity to see and experience that performance.
2. Petitioner about his desire along with a proposal to visit India and Nepal, she instantly
accepted his proposal and convinced her parents that she will be safe with respondent
during her visit to India and Nepal.
3. Benedict discussed his idea with the parents, who were initially reluctant to send him
alone with a girl for a quite longer time but later got convinced and allowed them to go
together to see the world.
1. That In their visit to Rishikesh and Haridwar, on the bank of river Ganga, respondent
could identify the place where some ‘Agori’ were worshipping near burnt dead bodies
and performing exotic rituals. Respondent asked petitioner to come along and be a
witness to the mystic practices but she refused as she had no interest in that horrific

idea. Mastakanand asked him to come with his wife, as Hindu rituals cannot be
performed without a wife and the ‘Tantra’ practice cannot be achieving its desired
results and accomplishments. It was a huge setback to respondent as he was unmarried
and due to his status the dream was about to destroy. Petitioner refused the idea as she
was not ready to marry respondent in this manner and without approval from her
parents.
2. Respondent tried to convince her that it is it is just a little formality of Hindu ritual
where respondent and petitioner will be ‘considered only’ married after doing
‘Saptapadi’ (a marriage pattern of Hindus, where a Boy and a Girl take seven steps
around fire and promise to each other for protection, care and maintenance for life). He
insisted that after ‘Saptapadi’ they will be allowed to perform the practice which was
necessary as it would make their marriage as a legal and a valid one.
3. As per the schedule respondent and petitioner had to move for Nepal in next two days.
Within this time petitioner observed that respondent has started dictating terms and
often started calling her as wife which was identifiable. After reaching Nepal, while
check-in hotel he got their names registered as Mrs. and Mr. Benedict. While visiting
‘Pashupatinath Temple’ petitioner was intimated by the tour guide that today early
morning the temple authorities have found an infant of barely one month on the
staircase. Petitioner got moved and wanting to see the infant, a baby girl. Respondent
suggested her to reveal their newly acquired identity of married couple to keep the
child. It was difficult for petitioner to do so but to see the infant she accepted the
proposal and shown their status as ‘Married’ along with photographs. After
surrendering certain documents and photographs and with the little formalities, the
child was handed over to them.

4. While returning back to Delhi, at Tribhuvan International Airport, Kathmandu, the
immigration officer asked the passport of all three along with a valid visa issued by
Indian Ministry of Foreign Affairs but the newly adopted child was having none so was
refused to get a clearance. On special request, extended by French Embassy in Nepal,
and after submitting an undertaking along with an affidavit by the French Councillor, to
maintain the very best upbringing of the child, the couple was allowed to leave the
country along with the infant.
5. The very moment the couple landed in India the immigration officer asked to show the
identity of the child, The police took them into custody assuming that the child has
either been bought or stolen by the couple. The police authorities produced the couple
before the Judicial Magistrate and Magistrate released the couple on bail after
furnishing bail bond and handed over the child to the Indian government authorities to
further return back the child to Nepalese authorities. Respondent and petitioner
contacted French Embassy but they denied any help. Then they contacted British
Embassy which suggested them to get married in Embassy itself to legitimize the marital
status and so the adoption of the child as per the Indian laws.
6. Respondent had a consultation with his father who was very angry with these
developments and directed him to return back to France instantly which shows the
immature nature of the respondent and his responsibility towards his wife and the
adopted child. Respondent suggested petitioner to leave the child at its own fate and
return back to UK but petitioner denied doing so as she felt it inhuman and against all
ethics, she learnt. They had a bitter fight and after that respondent decided to leave for
France without even consulting petitioner. The joint decision of parenthood and


marriage was ignored by him and without understanding her emotional attachment
with the child and also assuming forthcoming legal complexities he left for France.
7. That the respondent humbly filed a suit in the honourable District or Family court in
Delhi to seek for the justice in favour of getting her marriage as invalid.

Statement of Issues
1. Whether the marriage is valid or not?

2. Whether the adoption should be considered legal and valid?
3. Whether she should be provided with maintenance for herself and the
child?
SUMMARY OF ARGUMENTS / ARGUMENTS ADVANCED
1. Whether her marriage must be considered as a valid marriage and re-
instituted?


That the respondent humbly submit that Her marriage is not a valid marriage The petitioner was
a indo Scottish girl of Indian punjabi origin at the time of marriage and the respondent was
French young boy, who lives in Cognac (South-western French province) has just completed his
20th Birthday and is very happy as his father has permitted him to study medicine at a highly
prestigious Bute Medical School (University of St Andrews)Fife, Scotland, UK. . That in their
visit to Rishikesh and Haridwar, on the bank of river Ganga, respondent could identify the place
where some ‘Agori’ were worshipping near burnt dead bodies and performing exotic rituals. He
asked Sandra to come along and be a witness to the mystic practices but she refused as she had
no interest in that horrific idea. It was a huge setback to respondent as he was unmarried and due
to his status the dream was about to destroy. He requested Mastakanand to give a solution to his
problem and asked, what if, he could be married to Sandra, would it work? Mastakanand
consented to solemnize their marriage first and thereafter include them into the practice by
honouring them as Husband and Wife. Plantiff refused the idea as she was not ready to marry
Benedict in this manner and without approval from her parents. Benedict tried to convince her
that it is not an actual marriage like Christians (where a boy and a girl do promise against each
other in a Church and the parents ,relatives and friends do witness the marriage with the
blessings of a Priest), it is just a little formality of Hindu ritual where respondent and plantiff
will be ‘considered only’ married for a specific purpose and after doing a ‘Saptapadi’ (a marriage
pattern of Hindus, where a Boy and a Girl take seven steps around fire and promise to each other
for protection, care and maintenance for life). He insisted that after ‘Saptapadi’ they will be
allowed to perform the practice. After a long discussion and initial hesitation, Sandra and
Benedict decided to pass through the formalities of Hindu marriage and to be a part of the
‘Aughad’ practice. Mastakanand and Ramashish were the witness of the marriage where
Benedict and Sandra got married as per the directed Hindu pattern including Saptapadi, and
exchanged the garlands to each other. The photographs were collected for the occasion and for


the ‘Aughad’ practice purpose also. ‘Aughad’ practice was extremely horrific, strange and
exotic to both of them. Sandra was shivering with fear, curiosity and disgust and also not feeling
comfortable in disguise presence of Mastakanand and Ramashish at that lonely bank of river in
chilling cold night but struggling hard to remain supportive to see Benedict’s happiness. Both
Mastakanand and Ramashish were drinking alcohol and eating human flesh and also insisting
both Benedict and Sandra to do the same. Sandra refused to do so but Benedict took some
alcohol and also tasted the human flesh with reluctance initially but later he started enjoying
human flesh like Hungry animal. During ‘Aughad’ practice when Benedict and Sandra were
performing the guided activities, Benedict was intoxicated and deeply thrilled, collecting strange
photographs and uploading them on face book and other social sites instantly. He was dancing,
singing and behaving like completely insane having no mind.
As per the schedule Benedict and Sandra had to move for Nepal in next two days. Within this
time Sandra observed that Benedict has started dictating terms and often started calling her as
wife, although it was usually in lighter mood but still it was identifiable. After reaching Nepal,
while check-in hotel he got their names registered as Mrs. and Mr. Benedict. While visiting
‘Pashupatinath Temple’ Sandra was intimated by the tour guide that today early morning the
temple authorities have found an infant of barely one month on the staircase. Sandra got moved
and wanting to see the infant, a baby girl. The baby was crying due to hunger and cold. She
requested the temple authorities to allow her to keep the child but they refused to do so until both
Benedict and Sandra propose to adopt the child by surrendering their identities. It was difficult
for Sandra to do so but to see the infant she accepted the proposal and shown their status as
‘Married’ along with photographs. After surrendering certain documents and photographs and
with the little formalities, the child was handed over to them.
According to the Special Marriage Act the performance of the anyone of the above two
ceremonies should be necessary and enough for the ceremonial validity of all the marriage

performed in India among any two persons. However the parties are free to perform any
additional ceremonies, religious tradition, customary. According to fact the respondent and
plaintiff has performed two ceremonies i.e Sapatapadi and Exchange of garlands As per Hindu
marriage act Sec 7 , it was necessary for a person to follow the rituals of hindu ceremony that is
sapatapadi (a marriage pattern of Hindus, where a Boy and a Girl take seven steps around fire
and promise to each other for protection, care and maintenance for life) which was necessary to
solemnise their marriage as legally married husband and wife to perform the rituals of the mystic
practices.+
According to the Hindu Marriage Act :
The marriage is not the valid marriage because marriage is solemnized Between the two hindus
and in this case the plaintiff is the hindu Scottish girl of Indian punjabi origin at the time of
marriage and the respondent was French young boy. According to the Hindu Marriage act the
marriage between the hindu and the non-hindu is invalid under the sec 11.
Registration of Marriage under Hindu marriage Act: The marriage was not
registered at that time. According to section 8 of hindu marriage act :-
(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make
rules providing that the parties to any such marriage may have the particulars relating to their
marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu
Marriage Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of

opinion that it is necessary or expedient so to do, provide that the entering of the particulars
referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in

all cases or in such cases as may be specified, and where any such direction has been issued, any
person contravening any rule made in this behalf shall be punishable with fine which may extend
to twenty-five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be,
after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be
admissible as evidence of the statements therein contained and certified extracts therefrom shall,
on application, be given by the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall
in no way be affected by the omission to make the entry.
Here, the condition is not fulfied as per the section 8 of hindu marriage act. Hence the marriage
is not valid.
According to special marriage act:- the special marriage act provides for the
performance of marriage by civil ceremony. In the presence of relatives and friends whose total
no should not be less than 5. The bride and the bridegroom should exchange the garlands and the
rings along with the blessings of the elder present there and greet friends and acquaintances. It is
submitted that tying of the mantle of the bride and bridegroom is a part of the ceremony of
marriage, but not seeking of blessing of elders and greetings of others.
4. According to the facts there were only 2 members at that During ‘Aughad’ practice when
Benedict and Sandra were performing the guided activities, Benedict was intoxicated and
deeply thrilled, collecting strange photographs and uploading them on face book and

other social sites instantly. He was dancing, singing and behaving like completely insane
having no mind. Benedict and Sandra could return back to the hotel early morning and
slept. Next day by afternoon they could get up late and after lunch they planned to see the
rest of the temples and scenic places across. The photographs of Benedict, while eating
human flash along with Mastakanand and Ramashish were published by many local
newspapers prominently. Benedict was feeling normal but Sandra was still
uncomfortable with the recollection of previous night.
According to the Christian law :
The marriage is not valid under the Christian law according to the fact The moment he
landed in Cognac his father took him to the local Registrar of Marriage and got his
marriage nullified on the basis of illegality of the marriage solemnized in India without
any approval of parents and without any appropriate rituals. Such marriage is not
accepted in France and Christian religion.
According to the fact Benedict tried to convince her that it is not an actual marriage like
Christians (where a boy and a girl do promise against each other in a Church and the
parents ,relatives and friends do witness the marriage with the blessings of a Priest), it is
just a little formality of Hindu ritual where Benedict and Sandra will be ‘considered
only’ married for a specific purpose and after doing a ‘Saptapadi’ (a marriage pattern of
Hindus, where a Boy and a Girl take seven steps around fire and promise to each other
for protection, care and maintenance for life). He insisted that after ‘Saptapadi’ they will
be allowed to perform the practice.
2) Whether the adoption should be considered legal and valid?
The respondent humbly submits that the adoption should not be considered as legal because the
marriage was not solemnized according to the hindu marriage act and it was a huge attraction for

respondent to be a part of the practice but Mastakanand asked him to come with his wife, as
Hindu rituals cannot be performed without a wife and the ‘Tantra’ practice cannot be achieving
its desired results and accomplishments. It was a huge setback to respondent as he was unmarried
and due to his status the dream was about to destroy. He requested Mastakanand to give a
solution to his problem and asked, what if, he could be married to Sandra.
While visiting ‘Pashupatinath Temple’ Sandra was intimated by the tour guide that today early
morning the temple authorities have found an infant of barely one month on the staircase. Sandra
got moved and wanting to see the infant, a baby girl. The baby was extremely cute like a white
teddy bear and was crying due to hunger and cold. She requested the temple authorities to allow
her to keep the child but they refused to do so until both Benedict and Sandra propose to adopt
the child by surrendering their identities. Benedict suggested her to reveal their newly acquired
identity of married couple to keep the child. It was difficult for Sandra to do so but to see the
infant she accepted the proposal and shown their status as ‘Married’ along with photographs.
After surrendering certain documents and photographs and with the little formalities, the child
was handed over to them. Sandra and Benedict were very happy and thrilled to have the child
and enjoyed the presence of a third soul in the middle by keeping it warm, fed and relaxed like
parents. It was a wonderful feeling Sandra could live with. Both newly adopted parents lived in
Kathmandu for almost a week and purchased a lot many things for adopted child. The adoption
is not the valid because the marriage is not the valid and the respondent is not interested to take
the child in adoption.
Condition of single parent adoption :
A minimum age difference of 21 years between the single mother and the adopted child is
required if they’re of opposite sexes.


1) A single parent should be between 30 – 45 years in age if she wishes to adopt a child in
the age group of 0-3 years. The upper limit for a child older than 3 years is 50.
2) The single parent should have an additional family support.
3) According to the rules the adoptive parent has to be both medically fit and financially
settled.
According to the Hindu Adoption and Maintenance Act of 1956 Indian citizens who are
Hindus, Jains, Sikhs, or Buddhists are allowed to adopt not more than one child of a particular
sex.
4) For foreigners, NRIs and those Indian nationals who are Muslims, Parsis, Christians or
Jews, according to the Guardian and Wards Act of 1890, the parent only acts as a
guardian till the child attains the age of 18.
5) One can adopt a child from recognised private placement agencies, Shishu Grehas or
State Adoption Cells
The condition is not fulfil then the single parent adoption is not valid .
According to Hindu Adoption and Maintenance Act: -
Condition of adoption in Hindu Adoption and Maintenance Act, the conset of husband is
necessary at the time of adoption. According to the fact respondent suggested her to
reveal their newly acquired identity of married couple to keep the child. It was difficult
for Sandra to do so but to see the infant she accepted the proposal and shown their status
as ‘Married’ along with photographs. After surrendering certain documents and
photographs and with the little formalities, the child was handed over to them.
Ceremony of adoption in Hindu Adoption and maintenance Act :-


The child to be adopted must be actually given and taken in adoption by parents. After
surrendering certain documents and photographs and with the little formalities, the child
was handed over to them.
The ceremony of giving and taking is necessary even when the person to be adopted is an
adult. The ceremony is not fulfil.
Registeration under Hindu Adoption and Maintenance Act :-
Section 16 of Hindu Adoption and Maintenance Act a registered document of adoption
raises a presumption that the adoption has been made in compliance with the provision of
this act. According to the fact the registeration is complete after surrendering certain
documents and photographs and with the little formalities, the child was handed over to
them. Registration is not proper a While returning back to Delhi, at Tribhuvan
International Airport, Kathmandu, the immigration officer asked the passport of all three
along with a valid visa issued by Indian Ministry of Foreign Affairs but the newly
adopted child was having none so was refused to get a clearance. Sandra and Benedict
were deeply disappointed to see the legal technicality of the issue so rushed back to the
local administration to make some ad-hoc arrangement to get the work done and to obtain
the permission to take the child along with. The local administrative authorities asked the
couple to show the documents reflecting the child’s identity and establishing the
parenthood. Besides this the couple was unable to reveal the marital status of Benedict
and Sandra, whereas some photographs were the only support to establish them as
married couple .It was not possible for them to adopt a child without having status of a
married couple. On special request, extended by French Embassy in Nepal, and after
submitting an undertaking along with an affidavit by the French Councillor, to maintain
the very best upbringing of the child, the couple was allowed to leave the country along
with the infant. The very moment the couple landed in India the immigration officer


asked to show the identity of the child, as there was no specific document of adoption and
the couple had one additional person with them, who was not registered while departing
for Nepal. The police took them into custody assuming that the child has either been
bought or stolen by the couple. The police authorities produced the couple before the
Judicial Magistrate and Magistrate released the couple on bail after furnishing bail bond
and handed over the child to the Indian government authorities to further return back the
child to Nepalese authorities. Benedict and Sandra contacted French Embassy but they
denied any help. Then they contacted British Embassy which suggested them to get
married in Embassy itself to legitimize the marital status and so the adoption of the child
as per the Indian laws.
Ambel Shankar Bai Patel vs U.O.I 1991 :
It was contended by the council Mr D.C Dev appearing for the petitioner that the regional
passport officer was not justified in refusing the grant of passport to minor son on the
ground that the adoptive parents were foreigner nationals. He submitted that the hindu
foreigner if he comes to india can validly adopt under the hindu adoption and
maintenance act if the condition is fulfilled.
Savitri W/O Shri Govind Singh ... vs Shri Govind Singh Rawat on 9 October,
1985
HELD : There is no express prov. in the Code which authorises a Magistrate to make an
interim order directing payment of maintenance pending disposal of an application for
maintenance. The Code does not also expressly prohibit the making of such an order The
provisions contained in 88. 125, 126, 127 and 128 of the Code of Civil Procedure 1973 show
that they are to provide for a preventive remedy for securing ayment of maintenance which
can be granted quickly and in deserving cases with effect from the date of the application
itself.The rate of maintenance that can be awarded under the Code is limited even though

under the law governing the parties a competent civil court may order payment of a larger
sum in appropriate cases. The civil courts have inherent power to grant interim maintenance
pending disposal of the suit for maintenance.
3) Whether she should be provided with maintenance for herself and the
child?
The respondent humbly submits that the marriage is not valid we have discussed in issue 1,
adoption is not valid and in issue 3 now the plaintiff has a no right to claim the maintenance
under the hindu law.
According to section 18 (2) of Hindu Adoption and Maintenance act , a hindu wife is entitled for
maintenance if she lives separate from her husband for a justified cause and it is the ground on
which wife may live separate and claim the maintenance. But in this case the respondent is not
the hindu so the Hindu Adoption and maintenance Act is not applicable. According to the fact
when the plantiff and the respondent was stay in Nepal.


Nepal was a pleasant stay and they were roaming to see beautiful temples and monuments
across. While visiting ‘Pashupatinath Temple’ Sandra was intimated by the tour guide that today
early morning the temple authorities have found an infant of barely one month on the staircase.
Sandra got moved and wanting to see the infant, a baby girl. The baby was extremely cute like a
white teddy bear and was crying due to hunger and cold. She requested the temple authorities to
allow her to keep the child but they refused to do so until both Benedict and Sandra propose to
adopt the child by surrendering their identities. Benedict suggested her to reveal their newly
acquired identity of married couple to keep the child. It was difficult for Sandra to do so but to
see the infant she accepted the proposal and shown their status as ‘Married’ along with
photographs. After surrendering certain documents and photographs and with the little
formalities, the child was handed over to them. But the respondent not give any consent during
the adoption.
Maintenance under Cr. Pc Sec. 125 :-
Order for maintenance of wives, children and parents. If any person having sufficient means
neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority,
where such child is, by reason of any physical or mental abnormality or injury unable to maintain
itself, or


(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may,
upon proof of such neglect or refusal, order such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five
hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as
the Magistrate may from time to time direct: Provided that the Magistrate may order the father of
a minor female child referred to in clause (b) to make such allowance, until she attains her
majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is
not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the I.M.A, 1875 (9 of 1875 ); is
deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her
husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of
the application for maintenance.
Section 125 of Cr. Pc is available to “All neglected wife or discarded wife belonging to any
religion or nationality or having any domicile”. But the sec 125 is not apply in this case.
Y. Satya Narayan vs Y. Vijay lakshmi :

The respondent filed a suit under the hindu adoption and maintenance act and
under the section 151 of Cpc for the interim maintenance. The petitioner being the
husband has neglected to maintain her and her son. The lower court has rejected
the application under section 151 of Cpc and not granting the maintenance

PRAYER
In the light of arguments advanced and authorities cited, the Respondent humbly submits
that the Hon’ble Court may be pleased to adjudge and declare that:
• That the marriage is not valid and hence can not be reinstituted.
• That the adoption shall not be considered as valid and legal.
• That the respondent is not liable to pay the maintenance .
Any other order as it deems fit in the interest of equity, justice and good
conscience.
For This Act of Kindness, the Appellant Shall Duty Bound Forever Pray.


Sd/-
(Counsel for the Respondent )

Memorial Respondent

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UNIVERSITY INSTITUTE OF LEGAL STUDIES

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

BEFORE THE DISTRICT/ FAMILY COURTS, DELHI

MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

SUMMARY OF ARGUMENTS OR ARGUMENTS ADVANCED..............................................

MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

I. The Special Marriage Act, 1954

MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

1. All India Reporter A.I. R

3. Hindu Marriage Act HMA

4. Special Marriage Act SMA

6. Non Resident Indian NRI

10. Supreme Court Cases SCC

11. Senior Sr.

12. And &

13. Union of India U.O. I

14. Versus v/vs.

15. Indian Majority Act I.M.A

MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

It is humbly submitted that the petitioner has approached the District/Family

MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

1. Respondent is a French young boy, who lives in Cognac (South-western French

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

1. Whether the marriage is valid or not?

SUMMARY OF ARGUMENTS / ARGUMENTS ADVANCED

1. Whether her marriage must be considered as a valid marriage and re-

MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

According to the Hindu Marriage Act :

(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

2nd NATIONAL MOOT COURT COMPETITION

(2nd–4th NOVEMBER, 2017)

According to the Christian law :

2nd NATIONAL MOOT COURT COMPETITION