MOOT PROBLEM – 1 (Civil)

Arjun was a middle-class, upper caste Hindu. He married Asha in the year 1977. Asha gave birth to a
daughter Mala in 1978, and a son in 1980. They were happy at the thought that their family was
complete. However, in unfortunate turn of events, their son died in an accident at home when he was
two years old. They were very upset but tried to have another child and with God’s grace, Asha gave
birth to another son in the year 1983. Looking at his horoscope, the pandit suggested special ritual to be
followed every month for the welfare of this son till the age of five as there was danger to his life till that
time. Despite observance of the ritual with full reverence by the couple, this son also died in a road
accident just as he turned five years old. The couple was completely devastated. They were
apprehensive that another child may meet the same fate if they tried for another child. However, they
tried and yet another son was born to them third time in the year 1990. On his naming ceremony, they
consulted the astrologers and were advised to give away that child in adoption to a person of the lower
caste if they wanted this child to live. They named him Surya and decided to give him in adoption. Their
sweeper, Shantha Devi, a 50 year old widow with no children agreed to take the child in adoption and to
give him back to them for his bringing up as she did not have the means to bring him up. In a formal
ceremony Surya was given to Shantha Devi by Arjun and Asha and was taken by Shantha Devi.
Thereafter, she gave him back to the couple for bringing him up on her behalf.  Shantha Devi kept
visiting them regularly and gave something for Surya every month till he was ten years old when she
died. In the meanwhile, in the year 1994 another son was born to Arjun and Asha and he was named
Arya. The fact of adoption of Surya was treated by Arjun and Asha as a formality to save his life and he
was brought up by Arohi and Aruna as their son with Mala and Arya. Arjun died intestate in the year
2012. Asha decided to divide the property in four equal shares, one each for herself, Mala, Surya
andArya. Mala and Arya objected to it and demanded 1/3 share in the property as Surya had no right
having been given in adoption to Shantha Devi. Asha’s pleas that the adoption was a mere ritual carried
out on the advice of the astrologer to save Surya’s life but without any intention actually to give him up,
had no effect on them. They maintained that the adoption was legal and complete when Surya was
given and taken in adoption with a free will. Unable to resolve their dispute, Mala and Arya filed a suit
for division of property and declaration that Surya was not an heir to any property of Arjun in the
absence of a will. Frame issues and argue.

   

Moot problem – 2 (Criminal)

Rekha, an eighteen year old girl was a student of 12th class. She belonged to a lower middle class family.
Her father used to work as a clerk in a private firm. She had always been an ambitious and a very bright
student. To support her father she used to give tuitions. Rajesh Accused No.1, math’s teacher of Rekha
in her school secretly developed emotions for her. Rajesh had always admired him as her teacher. On
Rekha’s 18th birthday Rajesh organized a birthday party for her at his house and gifted her an expensive
watch. Unaware of Rajesh’s feelings Rekha accepted the same. On 15th Feb 2019, Rajesh proposed to
Rekha for marriage. Rekha , however, told him to speak to her parents regarding the same. On 25th Feb
Rajesh approached her parents with the proposal. However, they rejected his offer and warned him not
to contact her anymore as they did not want that there should be any kind of distraction to their
daughter as her XII boards were approaching. They strongly admonished Rekha and threatened that
they will discontinue her studies. Thereafter she started avoiding Rajesh. On one occasion Rekha also
made it clear to him that she will not go against the wishes of her parents and asked him not to follow
her anymore. Despite the disinterest shown by Rekha, Rajesh continued to follow Rekha to her tuition
classes and contacted her personally, on phone and through internet, believing that all her actions were
under pressure from her parents. Rekha reported the same to her parents. The parents rebuked him for
his unwarranted acts. He, however, tried to convince them about his feelings for her and further stated
that he wanted to marry her. They beat him and asked him to leave. Enraged with the feeling of
dejection, Rajesh went to Mahesh in whom he always confided and narrated the whole thing. Mahesh,
aged 45, has always supported Rajesh, who was residing with him, ever since his parents died in a road
accident in 2000. Mahesh, who had always treated Rajesh as his son, could not bear the pain of Rajesh.
Mahesh suggested to Rajesh that he should find Rekha alone and take her to the temple for marrying
her without information to her parents. In case Rekha would offer any resistance due to parental
pressure, Mahesh will threaten her with a bottle of acid to pressurize her to come with them to the
temple. Rajesh, who was initially reluctant, agreed to the plan on the condition that no harm will be
caused to Rekha and bottle of acid will only be used as a tool to threaten her for compliance to their
wishes. On 24rd march, 2019 as per the plan, finding Rekha passing on a lonely road, Rajesh and
Mahesh, who were waiting for Rekha, got out of the car. Rajesh approached Rekha and asked her to
accompany him to the temple so that they can get married. On Rekha’s refusal, Mahesh carrying the
bottle of acid, threatened Rekha. Rajesh started dragging her into the car. Rekha started shouting loudly.
To teach a lesson to Rekha, Mahesh opened the bottle and threw the acid on her face and then both
Mahesh and Rakesh fled away in the car belonging to and driven by Mahesh leaving the girl in immense
pain. The girl was taken to the hospital by some passerby. The doctor immediately conducted the
surgeries and opined that the injuries were grievous . FIR was lodged. Statement of Rekha was recorded.
A case was registered against both the accused Mahesh absconded and was declared a proclaimed
offender while Rajesh was arrested by police from his home and the bottle of acid and car, used in the
crime, were seized from his possession. Frame charges and argue.