INTRA - CLASS MOOT COURT 2021 B.A-LL.B 3rd year.

( TC-03GA)

INTRA- CLASS MOOT COURT 2021 B.A.LL.B 3RD YEAR

Before
THE HON’BLE HIGH COURT OF
DWELHI

YEAR 2019
CASE CONCERNING THE APPEAL OF DIVORCE

IN THE MATTER OF

Ashima Narayanan (Appellant)

V
Kaustubh Narayanan (Respondent)

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TABLE OF CONTENTS

LIST OF ABBREVIATIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - II

INDEX OF AUTHORITIES - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - III

STATEMENT OF JURISDICTION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - VII

STATEMENT OF FACTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - VIII

STATEMENT OF ISSUES - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - IX

SUMMARY OF ARGUMENTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X

PRAYER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X

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LIST OF ABBREVIATIONS

& And
SC Supreme court
VOL Volume
HC High Court
DEL Delhi
V. Versus
SCC Supreme court cases
Art. Article
¶ Paragraph
F Moot problem

TABLE OF CASES
1. Yudhishthir Singh Vs. Smt. Sarita [AIR 2002 Raj. 382,
2. Naveen Kohli Vs. Neelu Kohli [AIR 2004
3 Samdeep Mohan Varghese vs Anjana
4 Ammini E.J. And Etc. vs Union Of India (Uoi) And Ors. Air 1995
5 Ammini E.J. v. Union of India,
6. Kadir vs Salima And Anr. (1886) ILR 8 All 149
7 Smt. Bimla Devi D/O Bakhtawar … vs Singh Raj S/O Dasondhi Ram

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Treatises, Books, Reports And Digests

S.No Book name

1. Dr. Paras Diwan, “Family Law”, Ninth Edition, 2009, Allahabad Law
Agency
2. Dr.Paras Diwan, Law of Marriage and Divorce, (5th ED. : 2008),
(Universal Law Publishing Co)
4. M.N. Srinivasan‟s, “Commentary on The Hindu Marriage Act, 1955”,
Second
Edition, Delhi Law House
5. S.A Desai, Mulla; Principle of Hindu Law, (Lexis Nexis) Vol. 2
Edn.28th 2007
6. Mookerjee, Marriage Sepration and divorce, (Kamal Law House) Edn
4th 2008
7. Criminal manual
8. Family court act,1984

Journals Referred

1 All India reporter

2 Supreme court cases
3 Indian Kannon
4 Indian law reporter

Database Referred

1 www.judis.nic.in
2 www.lexisnexis.com
3 www.manupatrafast.com
4 www.scconline.com

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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)

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STATEMENT OF JURISDICTION

In Accordance with Article 19 (1) of Family court Act, 1984. The Applicant have
submitted an Appeal against the decree of restitution of conjugal rights awarded by
Rohini family court.
The Registrar of the Court addressed a notification to the parties on 7th Jan 2017,
Therefore the appellant and respondent have accepted the jurisdiction of the High
court of Dwelhi pursuant to Section 19 (1) of the Family court Act,1984 and request
the Court to adjudge the dispute in accordance with the rules and principles.
The parties have agreed to respect the decision of this Court.

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STATEMENT OF FACTS

Background of parties
Ashima Narayanan on 13th march 2012 in a ceremonial manner married with
Kaustubh Narayanan under hindu marriage act, 1955. Where Ashmia is human
resource graduate student. ( F, ¶ 1)

conflict between parties

After vidai on 14th of March, 2012 Ashima lived at her husband place and on 23rd of
March she visited her parentnal home for performing some Religious rituals. Where
she disclosed the fact to her mother that her marriage and was never consummated
and they did not shared the bed in those 8 days also about the mistreatment given by
Kaustubh Narayanan. On the same day Ashima mother called kashutamb and talked
to him . Where kaustubh aggred to behave better with Ashima and his mother also
motivated Ashima that its common in new marriages and that with time it will
improve. ( F, ¶ 2) but the change was short lived as only a few months things went
back to the initial days. Ashima tolerated the same for more than 3 years and then
returned to her parents house on 10th Oct 2015. ( F, ¶ 3)

Statement of Appellant
Ashima filled the divorce petition in Rohini Family court claiming that her husband
iill-treated her and have to came late at night in completely drunken state, ( F, ¶ 4)
She also claimed that her husband has extra – marital affair with a colleague Riya
Rawat, who is lived in the rented apartment in the same locality as them on the basic
of whatsapp chat and obscene images which she has seen in his phone. ( F, ¶ 6).
She also claimed that on 8th April 2014 she learned that she was pregnant but the
physical harassment by her husband Kaustubh lead to her Miscarriage. In support of
it she attached a Ct Scan report dated 15/06/2014 of Sortis Hospital which shows
fracture of right Femur just at the joint with the abdominal disc (Annex I) and report
of miscarriage (Annex-2). She claimed that when her husband kaustubh became

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aware of the fact that she is pregnant he started mentally torturing her and also
physically assaulted her which caused the injuries , and later resulted in her
miscarriage. ( F, ¶ 5)
Statement of respondent
Whereas, Kaustubh contends that he has been a good husband throughout the years
of marriage and that it was Ashima who mistreated her and doubted his character
and forced him to move out from parents house as she did not like his mother , and
because of which he rented an apartment a few blocks away from his paternal home
( F, ¶ 7). He also contends that his wife wanted to go out late at night to bars and
clubs to which he objected and due to which they had multiple arguments. And when
Ashima moved back to her father’s house she took away all her belongings, her
jewellery including her Stridhan while kaustubh was still asleep. ( F, ¶ 8)
Kaustubh has contended against the allegation of causing Miscarriage that it was due
to Physical weakness of Ashima as she suffered a fracture in femur just a few days
of becoming as she slipped while coming out of washroom on the wet mat and that
at it was Medical negligence that coccyx fracture was not diagnosed then and that it
breaks his heart That due such event he lost his unborn daughter ( F, ¶ 9).
Kaustubh also has explained about his relation with Riya Rawat as has contended
that his Relation with Riya Rawat is completely a social one and there is no physical
intimacy, He has Claimed that as she is his colleague and a single mother out of
courtesy he has helped her a Few times and that there is no emotional or sexual
involvement between the two. ( F, ¶ 10)

Observation of Rohini family court

Rohini family court awarded a decree in favour of respondent Kaustubh Narayanan,
Where decree of restitution of Conjugal Right was awarded on 12-12-2016
( F, ¶ 11)

Response of party in view of degree

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Kaustubh Narayanan is in favour of decree whereas Ashima did not adhered the
decree and challenged that decree and filed an appeal on 07-01-2017 in Dwelhi High
Court. Listed on 24-01-2017. ( F, ¶ 11)

Annex – 1 ( CT- SCAN REPORT) ( F, page 3)

Annex -2 ( miscarriage report) ( F, page 4)

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Issue for consideration

Issue 1: Whether the Respondent is liable for Ill-treatment and physical assault?

Issue 2: Whether the Respondent is liable for Adultery ?

Issue 3: Whether the conjugal rights should be awarded or not?

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Summary of Argument

Issue 1: Whether the Respondent is liable for Ill-treatment and physical

assault?
It is respectfully submitted before this Hon’ble court that the respondent is liable for
the ill-treatment and cruelty Under sec 13 of Hindu marriage act, 1955.
As Appellant stated in her plaint about the cruelty she suffered and physical
harasment from his husband. On the prove these facts she have given an evidence of
CT- scan report and mis carriage report. It clearly shows that husband assaulting her.

Issues 2: Whether the Respondent is liable for Adultery ?

It is respectfully submitted before this Hon’ble court that the respondent is liable for
the Adultery Under sec 13 of Hindu marriage act, 1955.
As Appellant in her plaint submitted that she has read an obsence image and
whatsapp chat with riya rawat. Who lives in the rented apartment in the same
locality. And she is a single mother. And have an affair with his husband kaustubh
narayana.

Issues 3: Whether the conjugal rights should be awarded or not?

It Is respectfully submitted before this Hon’ble court that the decree of conjugal
rights awards by lower cours should be abolished and passed an divorce decree
Under the sec 13 of Hindu marriage act, 1955

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As there is proper evidence that kaustubh narayana an Respondent has assualted and
misbehave his wife. After giving him an proper time to improve his activity but still
he didn’t improve his activity after many tries.

Advance Argument
Issue 1: Whether the Respondent is liable for Ill-treatment and physical
assault?
It is respectfully submitted before this HON’BLE Court that the Appellant has
submitted an divorce petition against the Respondent Kaustubh narayana on the
ground of mis- treatment and physical assault.
As defined under sec 13(2)1 of Hindu marriage act, it is well maintained that the
respondent is liable for cruelty
After the marriage till 8 days he didn’t share the same bed it clearly shows that
respondent is not happy with his marriage and he is not intrested in that marriage.
After the appellant share that problem with his mother and his mother talked to him
about that matter and talked to hmiscarriagebut as he is not happy with that marriage
so he after months he again behaved like old one and With more degree of cruelty.
He physical assualted her and at late night After drinking he tortured her and
mentally harassed her. ashima beer this till three years and think that his husband
will improve is activity and understood him but after many try he did not he didn't
improve his activity and and then more cruelty.
When maustabh get to know that she was pregnant He physically harassed her and
tortured her And due to it it lead to miscarriage.It clearly shows that in CT scan
report that there was a bone fracture in femure Which is joint facture Between
abdominal disc and femur. As the respondent contended that the fracture was due
Just because of slippering from the bathroom and it lead to the miscarriage because
of the weakness but as in the miscarriage report given by the sortis hospital it clearly
written that the mosquitoes were due to physical weakness and bleeding in the
1 Has, after the solemnization of the marriage, treated the petitioner with cruelty; or

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internal parts. there is no connection between the bleeding in the internal parts and
and what the respondent contended in his the written statement. There is also a
fracture in the cocyx Which lead to the breaking of the uterus wall.
it is respectfully contender before this honorable court at appeal and have suffered
mentally harassment physically assault and a miscarriage due to physical harassment
by her husband. it clearly it clearly showing that respondent tortured her wife. And
it killed me in that there is a valid ground of cruelty.
As the cruelty is the ground of divorce I requested to honorable court grant a decree
of divorce. Also given by the judgement Naveen Kohli Vs. Neelu Kohli [AIR 2004
All 1 where court observed that SC held that the word "cruelty" is used in Section
13(1)(i)(a) of the Act in the context of human conduct or behavior in relation to or
in respect of matrimonial duties or obligations. Physical violence is not absolutely
essential to constitute cruelty. A consistent course of conduct inflicting
immeasurable mental agony and torture may constitute cruelty. Mental cruelty may
consist of verbal abuses and insults by using filthy and abusive language leading to
constant disturbance of mental peace of the other party. Hence SC set aside the
judgment of the High Court and directs that the marriage between the parties should
be dissolved according to the provisions of the Hindu Marriage Act, 1955.
Same also given in the following judicial precedent Yudhishthir Singh Vs. Smt.
Sarita [AIR 2002 Raj. 382, Lalit Joshi vs Smt.Girja 2009 , Samdeep Mohan
Varghese vs Anjana

Issues 2: Whether the Respondent is liable for Adultery ?

It is respectfully submitted before thisthis Hon”ble Court That the respondent is
liable adultery under section 13(1) of Hindu marriage act as it is a valid grounds for
Divorce.
In a locality where Kaustubh narayana live, one single mother parent named Miss
Riya rawat live. See is a colleague of respondent and they have a good relationship
with each other. One day When Ashima was checking respondent phone. she
discovered about the facts of her husband being involved in an affair with his
colleague through his WHATSAPP chats and obscene images which she has seen in

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his phone. it clearly so then respond then has an extramarital affair with his colleague
miss Riya rawat.
In a case Ammini E.J. And Etc. vs Union Of India (Uoi) And Ors. Air 1995 Ker
252 it has been held that her husband has an extra-marital affairs with the another
and grant an divorce that where an unrelated person is found with the wife after
midnight, the same may be inferred to be an adulterous act. The Courts were faced
with a dilemma in the case of Maclenna v. Maclenna, where the question was
raised as to whether Artificial Insemination Donor (AID) being used by the wife
without taking the consent of the husband can be ruled as adultery.
In the case of Ammini E.J. v. Union of India, the Kerala High Court held that the
husband is in a favorable position with respect to it being a ground for divorce
because the wife has to prove adultery along with some other aggravating
circumstances and hence it is discriminatory towards the wife. The Court also ruled
that the wife may file for divorce only on the grounds of adultery, without any
other qualifying offence such as cruelty or desertion.

Before the enactment of the Marriage Laws, 1976, adultery was treated as a
conduct of grave immorality. It was a thing of grave shame irrespective of the
gender, however it wasn’t a ground for divorce. After the 1976 Amendment, the
grounds for judicial separation and divorce are the same and it is a mark of great
development in the Hindu Personal Laws.

Issues 3: Whether the conjugal rights should be awarded or not?

It is respectfully submitted before this HON’BLE court that the restitution of
conjugal right should not be awarded to the respondent as the respondent is liable
for, cruelty physical harassment, sexually assault and adultery.
And admissible evidence was given also also an appellants has given in reasonable
time to improve his behavior towards him. I see that from well culture family and
also in human resources graduate student. She try his best to continue his relationship
with RespondentBut as respondent is not interested in that marriage at the time of
beginning so he physically harrassed her and as well as mentally. Also lead to
miscarriage as he didn’t want to became a father from an appealant.

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It has been held in case of Kadir vs Salima And Anr. (1886) ILR 8 All 149
Same judicial precedent should be Smt. Bimla Devi D/O Bakhtawar ... vs Singh Raj
S/O Dasondhi Ram on 17 December, 1976 equivalent citations: AIR 1977 P H 167
where it has been held that 5. It may, however, be observed that it may not be
understood to have been held that the provisions of section 13(1) are not subject to
the provisions of section (23)(1) But, in fact, what we have held is that a defaulting
spouse, who has suffered a decree for restitution of conjugal rights, cannot be held
to be taking advantage of his or her own wrong merely because he or she has failed
to comply with the decree of restitution of conjugal rights. Human ingenuity being
what it is, it cannot be disputed that many cases may arise, where notwithstanding
that a ground for divorce exists, there may be something in the conduct of the
petitioner which would be so reprehensible that the Court would deny to such a
petitioner relief by way of divorce on the consideration that the petitioner was taking
advantage of his or her own wrong.

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PRYAER FOR RELIEF

WHEREFORE, IN THE LIGHT OF THE QUESTIONS RAISED, ARGUMENTS

ADVANCED AND AUTHORITIES CITED, THE APPELLANT HUMBLY
PRAYS BEFORE
THIS HON’BLE COURT TO:

1. HOLD THAT KAUSTUBH NARAYANA HAS LIABLE FOR

CRUELTY

2. HOLD THAT KAUSTUBH NARAYANA HAS LIABLE FOR

ADULTERY

3. GRANT THE DECREE OF DIVORCE

AND PASS ANY OTHER ORDER AS THE COURT DEEMS FIT IN THE
INTEREST OF JUSTICE, EQUITY AND GOOD CONSCIENCE.
FOR THIS ACT OF CLEMENCY, THE APPELLANT ACTION

SHALL BE DUTY BOUND FOREVER.

SD/-

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(COUNSELS FOR THE APPELLANTS/PETITIONER)

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