MOOT Problem No.

1
Parties: Ananya (Petitioner)
Aarav (Respondent)
Before Family Court of Bombay
Facts:
(1) Present appeal relates to a petition filed under Sec. 13 of Hindu Marriage Act, 1955 by
the petitioner praying that the marriage between the parties be dissolved by a decree
of the court.
(2) The parties to the dispute entered into a marital agreement on 1st April 2015 as per
the contention laid down by the wife (Petitioner).
The petitioner recited at her matrimonial place for 5 days, post the solemnization of
marriage but the same was not consummated.
(3) The Respondent mistreated her and they never shared the bed together. She returned
to her parents’ home after 5 days following the culture and practice of Indian Society.
Her parents sent her back to her matrimonial place, claiming that with time pass by
explaining that situation will get better and the husband approach towards the marital
tie would improve.
(4) In spite of spending 5 years with the Respondent the situation remains same with no
sign of improvement. As per her submission the Respondent would returned home
late at night in drunken stage and would physically, mentally and emotionally abused
her. He would beat her in the state of drunkenness. She extended effort to pursuit
and convinced him.
(5) However, all her attempts went in a vain. She also discovered that the Respondent,
husband was a man of weak character. He was involved in extra marital affairs with
multiple women, was an alcoholic and used to consume intoxication. She moves out
of her matrimonial home in May 2020 and since then she has been staying with her
parents at her paternal home.
(6) The Respondent husband replaced to the contention in a contradictory manner and
stated that the Petitioner wife was given a bonafide treatment during their stay
together. He further stated that the Petitioner wife was not interested in residing with
the parents of the Respondent and kept convening him to move out of the house
perhaps he was an unemployed men and could not a fall to live separate and so the
demand was totally absurd and unacceptable to him.
(7) Thereafter the Petitioner wife moved out from the matrimonial home without citing
any reasonable and valid justification along with her personal belonging including
Stridhan. He consistently made efforts to get her back to their matrimonial home but
she refuse to return.
(8) Thereafter he filed a petition under Sec. 9 of Hindu Marriage Act, 1955 praying for
restitution of conjugal rights the court was pleaded to grant his prayer. The said
petition was neither contested by the wife nor did she returned to her matrimonial
home with all other marital ornament. Petitioner were denied and prayed that the
petition be dismissed with cost.

Issues:
(1) Whether the ground stated in the petition by the Petitioner are sufficient enough to
entitle her to obtain a decree of divorce.
(2) Whether the petition is maintainable.
(3) Whether the Petitioner has any cause of action and locus standi to file and maintain
the present petition.