MOOT PROBLEM : 3 ( Three)

Seema and Surya (a Major in Indian Army), both resident of Bangalore. Both are Hindus

by religion, got married in 2012 according to Hindu religion. The couple got their marriage

registered as per the provisions of the Hindu Marriage Act, 1955 and in effect a marriage

certificate was issued by the authorities. Out of this wedlock two children were born in the

year 2013 and 2017 respectively. In 2014, after taking retirement from Indian Army, Surya

went to England for higher studies and stayed there for one years. Then in April 2015, he

moved to Australia and called his wife to join him along with their first child. In January

2017, their second child was born in Australia. After the birth of second child relationship

between seema and surya got strained. Seema started suspecting surya and often quarrelled

with him unnecessarily. In February 2018, he went to New York. Thereafter he asked Seem

to go back to India. In March 2018, Seema along with her children came back to Karnataka

(India). After moving to New York, Surya severed all his contacts with Seema. He has

developed an extra marital affair with a lady named Deepa .In January 2019, Seema wrote a

letter to Surya expressing her willingness to join Surya in New York. Surya in reply wrote to

Seema that she should not come to New York, as he was interested in getting their marriage

dissolved. In April 2019, he came back to India and started to live with Deepa at Delhi.

When seema tried to contact surya over phone he used to avoid her. One fine day he has send

50,000/- Rs with his relative to be given to seema. He called her and told not to disturb him.

Since Surya failed to Maintain wife and children. In April 2020 , Seema filed a petition under

Section 9of the Hindu Marriage Act, 1955 for Restitution Of Conjugal Rights .

Frame issues and argue