Al-AMEEN COLLEGE OF LAW

BANGALORE

VI SEMESTER 3 YRS LL.B & X SEMESTER 5 YRS B.A.,LL.B

MOOT COURT PROBLEM-2

Mr. Ashok, a Hindu by religion married Miss. Sanjana on 17 th November, 2012 as

per Hindu rituals. Thereafter they resided in the matrimonial home with the parents
of Mr. Ashok.

Mr. Ashok's mother was an orthodox female and had high belief that to attain
Moksha, a man needs a son, therefore she always insisted Sanjana to conceive and
give the privilege to them of being grandparents to a grandson.

Mrs. Sanjana delivered a baby girl on 10th April 2014, Sanjana had some
complications during delivery. Doctor advised the couples not to go for second
baby because it may be dangerous for mother as well as baby and thereafter
differences arose between Sanjana and her mother-in-law. Ashok’s mother
continuously passed insulting remarks upon Sanjana and her baby girl.

She often remarked that if Sanjana does not give their family a male child, she will
ask Ashok to marry another girl. Several times Ashok fought with his own mother,
telling her that he is satisfied with his wife and has no complaints from her.
Sanjana started persuading Ashok to leave the house of his parents and move to a
new house to which Ashok never agreed. He was adamant that he wants to stay
with his family. Finally on 22nd December, 2015 Sanjana, frustrated with the
constant bickering and inability of her husband to change residence, decided to
leave the matrimonial house with her daughter and return to her parent’s house.
Ashok visited Sanjana’s house several times and tried to convince her to come
back home, but she refused for it.

Later 15th Jan 2016 Ashok filed for restitution on conjugal rights before the District
court of Bangalore. In this case Sanjana failed to attend court even after the
notice was served to her and restitutions of conjugal rights was passed behalf of
Ashok for which Sanjana refused to go back to her matrimonial house.

However Ashok tried to meet Sajana but never found her at home. He could never
even visit his daughter because Sanjana was never available. Finally, on 2nd
December 2016, Ashok frustrated with Sanjana, filed for divorce u/s 13 of the
Hindu Marriage Act alleging desertion by his wife. The summons was issued to
Sanjana at the address shown but the same were returned by some Ms. Asha
marked as ‘refused to accept’. The family court considering it as good service
proceeded with the matter.

The petition was heard ex parte and on the basis of evidence adduced by Ashok,
the family court granted divorce to the husband on 16th September, 2017. The copy
of the order was sent by Ashok to Sanjana on the address provided.

On 25th November, 2017, Ashok married Miss Pooja, a Hindu by religion. Pooja
conceived Ashok’s child and was due for delivery on 13th February, 2019.
Meanwhile, Mrs. Sanjana filed an application on 12th February, 2019. before the
High Court of Karnataka , for condonation of delay for filing appeal against the
decree of the Family Court granting ex parte decree to Ashok stating that she was
unaware of the proceedings as the summons were served on the address on which
she was not residing. She also stated that her parents moved to a new house and
accordingly, she also went to the new house. Furthermore, she never had the
intention to desert Ashok but only wanted to teach his mother a lesson. She argued
that she was frustrated with the constant remarks by Ashok’s mother and hence
decided to leave the matrimonial house but never desired to sever the matrimonial
bond.

Issues

1. Whether Appeal filed by Sanjana against decree of the Family court is

maintainable?
2. Whether ex-parte decree can be passed in family matters.
3. Whether the marriage between Ashok and Pooja is valid.
PROCEDURE FOR SUBMISSION OF THE MEMORIALS.

1. The memorials should be hand written.

2. The memorials page should have a 1 inch margin on all 4 sides.
3. The memorials should be written on one side of the page only.
4. Students bearing even Register Number shall prepare Appellant and
odd Register Number shall prepare memorials for Respondent side.

CONTENT OF MEMORIALS.

1. Cause title
2. Table of contents
3. Index of authorities
4. Abbreviations
5. Statement of jurisdiction
6. Statement of facts
7. Issues
8. Summary of arguments
9. Footnotes
10. Prayer
11. Bibiliography