MOOT PROBLEM

Anita and Naresh (a

Major in Indian
community of Punjab, who are HindusArmy), both resident of
Jalandhar, belonging to Ravidasia
by religion, got married
marriage, which is the marriage ceremony of Sikhs. The
in 2007 in Anand
Karaj form of
per the provisions of the Hindu Marriage Act, 1955 andcouple got their marriage
in effect a registered as
issued by the authorities. Out marriage
of this wedlock two children were certificate was
respectively. born in the year 2008 and 2011
In 2008, after taking retirement from
and stayed there for two years. Then inIndian Army, Naresh went to England for higher studies
join him along with their first child. April 2010, he moved to Canada and called his
In January wife to
February 2011, he went to New York. 2011, their second child was born in
2011, Anita along with her Thereafter he asked Anita to go back to Canada. In
children came back to India. In March
After moving to New Punjab (India).
York, Naresh severed all his contacts with
extra marital affair Anita. He has
with a lady named Elizabeth. developed an
In January 2012, Anita
expressing her willingness join Naresh in New York. Naresh in
to wrote a letter to Naresh
should not come to New reply wrote to Anita that she
York, as he
2012, he filed a petition for divorce was interested in getting their marriage dissolved. In
has
in Trial Court
of New York on the April
irretrievably broken down. Anita could not
contest these
ground that his marriage
July 2012, the Trail Courtproceedings,
to go to New York. Meanwhile in she having no means
decree in favour of Naresh. of New York
granted a divorce
children an amount of Rs. Further,
the court ordered that the
husband would pay to the wife and
50,000 per month for their maintenance. Since
maintenance to wife and children, Anita Naresh failed to pay
and prayed that she be approached the Trial Court of New York through a letter
provided legal aid. Thereafter,
arrest were issued proceedings
against Naresh. She further said that the ex were initiated and
warrants of
the husband was not parte decree of divorce obtained
binding on
Naresh. She further asserted that as
her and was illegal and that she
continues to be the wife of
by
per the provisions of Hindi
of divorce (on the basis of
adultery, cruelty and desertion) underMarriage Act, 1956, the grounds
available to the wife under the Section 13 of the Act are
was being further
given set of circumstances. In fact, she is the actual
victimized by the order of the New victim, who
In April 2013, Anita filed a York, Trial Court.
petition under
Restitution Of Conjugal Rights in the District Section 9 of the Hindu Marriage Act, 1955 for
Court, Jalandhar, Naresh
He did not file any written appeared
filed an application for dismissal of in the court and
to the decree of
petition. statement and he referred
divorce granted by the Trial Court of
Anita did not consent the same and New York and said that
the jurisdiction of
by not raising any objection she is deemed despite
to have
of notice,
Foreign Court in trying the petition and thus accepted
by the Foreign Court and is thus making the decree nisi-absolute
with Section 151 of Code of Civil estopped from filing the present petition (Under Section 11 read
District Court, Jalandhar. Procedure, 1908). The case is pending for
adjudication in

Prepare memorials and argue from both the sides.

Legal Issues*
.Whether the marriage of Anita and Naresh is valid
Marriage Act, 1955?
as per the provisions of The Hindu
2. Whether non-contest by wife of divorce
petition filed by the husband in a Foreign Court
implied that she had conceded to the jurisdiction of the Foreign Court?
3. Whether the principle of Res-Judicata under
Section 11 of Code of Civil Procedure, 1908 is
applicable to the proceedings being initiated in District
Court, Jalandhar?
Statutes May be referred
1. The Code of Civil Procedure, 1908
2. Hindu Marriage Act, 1955
3. International Comity of Courts

*It is compulsory to frame these legal issues. Participants may add further legal issues.