BM LAW COLLEGE

AFFILIATED TO JAI NARAYAN VYAS UNIVERSITY JODHPUR

APPROVED BY BAR COUNCIL OF INDIA
Session 2021-22
B.A. LL.B. 5th SEMESTER

SUBMITTED BY SUBMITTED TO
DR. PRIYANKA GOSWAMI SUKHDEV
RAJPUROHIT

MEMORIAL FOR DEFENDANT

 BM LAW COLLEGE MOOT COURT MEMORIAL, 2021

IN THE HON’BLE FAMILY COURT OF JODHPUR, RAJASTHAN

TEAM CODE-

IN THE MATTER OF

Aarohi …PETITIONER

V.

Rahul …RESPONDENT

WRITTEN SUBMISSION ON BEHALF OF THE RESPONDENT

MEMORIAL FOR DEFENDANT

 TABLE OF CONTENTS

1. LIST OF ABBREVIATIONS
2. INDEX OF AUTHORITIES
3. STATEMENT OF JURISDICTION
4. STATEMENT OF FACTS
5. STATEMENT OF ISSUES
6. SUMMARY OF ARGUMENTS
7. ARGUMENTS ADVANCED
8.prayer of relief

MEMORIAL FOR DEFENDANT

 LIST OF ABBREVIATIONS

& And

¶ Paragraph

AIR All India Reporter

ALL Allahabad

Anr. Another

AP Andhra Pradesh

Art. Article

Cr. Criminal

Edn. Edition

Govt. Government

HMA Hindu Marriage Act

Hon‟ble Honourable

i.e. That is

No. Number

PC Privy Council

SC Schedule Caste

SC Supreme Court0

SCC Supreme Court Cases

u/s Under Section

v. Versus

Vol. Volume

www World Wide Web

MEMORIAL FOR DEFENDANT

 INDEX OF AUTHORITIES

1. Table of Cases

S. No. Name of the Cases and Case Citation Page No.

1. 5
2. 5
3. 2
6
4.

5. Harish Chandrel Drall v. Suresg Wati 3

20. matter of Sheo Nath Singh v. Sujata 3

Treatises, Books, Reports And Digests

1. A.G.Gupte, Hindu Law, (1st ED. : 2003) (Premier Publishers Delhi)

2. Acharya Shuklendra, “Hindu Law”, Reprint 2009, Modern Law Publications, New
Delhi
Mayne‟s, Treaties on Hindu law and Uses, Edn.17th, (Bharat Law House) 2014
11.

A. Journals Referred

1. All India Reporter

4. Supreme Court Cases

3. Indian Law Reporter

2. Supreme Court Cases

B.
C. Database Referred

MEMORIAL FOR DEFENDANT

1. www.judis.nic.in

2. www.lexisnexis.com

3. www.manupatrafast.com

4. www.scconline.com

D. Legal Dictionary
1. Aiyer P.R., Advanced Law Lexicon, (3rd ed., 2005)

2. Garner B.A., Black‟s Law Dictionary, (9th ed., 2009)

3. Greenberg Daniel, Stroud‟s Judicial Dictionary of Words and Phrases, (4th ed.),
Sweet and Maxwell, Vol. 4
4. Oxford Advanced Learners Dictionary, (7th ed., 2008)

MEMORIAL FOR DEFENDANT

 BM LAW COLLEGE MOOT COURT MEMORIAL, 2021

STATEMENT OF JURISDICTION

THE PETITIONER HAS APPROACHED THIS HON‟BLE FAMILY COURT OF

JODHPUR, RAJASTHAN UNDER SECTION 7 OF FAMILY COURTS ACT, 19841. &
ALSO UNDER SEC. 13 OF HMA, 1955.

1
Section 7- Jurisdiction.-
(1) Subject to the other provisions of this Act, a Family Court shall- (1) Subject to the other provisions of this
Act, a Family Court shall-"
(a) Have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under
any law for the time being in force in respect of suits and proceedings of the nature referred to in the
explanation. Explanation.-The suits and proceedings referred to in this sub-section are suits and proceedings of

MEMORIAL FOR DEFENDANT

the following nature, namely:
(a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the
marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or
judicial separation or dissolution of marriage

MEMORIAL FOR DEFENDANT

 STATEMENT OF FACTS

1. The present appeal relates to a Petition filed under Section 13 of The Hindu Marriage
Act, 1995 by Aarohi, the Petitioner wife, praying that the marriage between the
parties be dissolved by a decree of the court. The parties to the dispute entered into a
marital agreement on 01.04.2001.

2. As per the contentions laid down by the Petitioner wife, the Petitioner wife resided in
her matrimonial home for 5 days post the solemnization of marriage, but marriage
between the parties was not consummated. The husband mistreated her. She returned
to her parents’ home after 5 days. Following the cultural practice in the Indian society,
her parents sent her back to her matrimonial place explaining that with time pass by,
situations will get better and the husband’s approach towards the tie would improve.

3. In spite of spending five years with the Respondent husband, situations remained the
same with no sign of improvement. As per her submissions, the Respondent husband
would return home late at nights in a drunken state and would physically, mentally
and emotionally abuse her. He would beat her in the state of drunkenness. She
extended efforts to persuade and convince him.

4. However, all her attempts to mend ways were proved to be in vain. She also
discovered that the Respondent husband was a man of weak character. He was
involved in extramarital relationships with multiple women, was an alcoholic and
used to consume intoxicants.

5. She moved out of her matrimonial residence in May 2006 and since then has been
staying with her parents at her parents’ place. The Respondent husband replied to the
contentions in a contradictory manner and stated that the Petitioner wife was given a
bona fide treatment during their stay together. He further stated that the Petitioner
wife was not interested in residing in the village and kept convincing him to move to
the city. Perhaps, he was an unemployed man and could not afford the city life, and so
the demand was totally absurd and unacceptable to him.

6. Thereafter, the Petitioner wife moved out of the matrimonial home without citing any
reasonable and valid justification along with her personal belongings, including
stridhan. He consistently made efforts to get her back to their matrimonial home, but
she refused to return.

7. Thereafter, he filed a petition under Section 9 of The Hindu Marriage Act, 1955
praying for restitution of conjugal rights. The court was pleased to grant his prayer.
The said petition was neither contested by the wife nor did she return to her
matrimonial home. All other material averments of the petition were denied, and it
was prayed that the petition be dismissed with costs.

MEMORIAL FOR DEFENDANT

Statements of issues
1. Whether cruelty is done by husband or not?
2. Whether

MEMORIAL FOR DEFENDANT