Petitioner's Arguments (Sanah):

1. Grounds for Divorce (Cruelty):

Sanah can present a comprehensive case for cruelty, emphasizing how Shravan's actions and
attitude have caused her significant mental and emotional distress. She can provide specific
instances of his refusal to support her during her pregnancy, the pressure to have a child against
her wishes, and his imposition of Hindu customs on their son. Sanah can cite medical records
and expert testimony to establish the link between these actions and her postpartum depression
and delusional thoughts.

Sanah can argue that Shravan's abandonment of her during her difficult pregnancy, especially
after her diagnosis of severe anaemia, was a form of emotional abuse. She can provide expert
opinions on how emotional abuse can be as damaging as physical abuse.

Sanah can present evidence of her efforts to reconcile with Shravan and his lack of support
during her difficult times, which further exacerbated her mental health issues.

2. Violation of the Special Marriage Act:

Sanah should highlight that the Special Marriage Act was enacted to protect the rights of
interfaith couples like herself and Shravan. She can argue that Shravan's refusal to allow her to
teach their child about Islam and his imposition of Hindu customs on their son violate her
fundamental rights under this Act.

Sanah can cite legal precedents and expert opinions on the importance of upholding individual
religious freedoms in a secular state. She can argue that their marriage under this Act implies
equal rights and responsibilities for both spouses.

3. Child Custody:

Sanah should argue that, as Punnu's mother, she has a natural right to share in the decision-
making regarding his upbringing. She can assert that her desire to educate Punnu about Islam
does not harm the child but allows him to explore both his parents' faiths when he's older.

Sanah can emphasize that a child's religious education should ideally be a shared responsibility
between both parents, ensuring a well-rounded understanding of different faiths.

Sanah can present expert opinions on the importance of providing children with a well-rounded
religious education in a diverse society like Captown.
4. Impact on Her Career:

Sanah can provide extensive evidence to support her claim that her termination from her job
was a direct result of the stress caused by Shravan's actions and their strained relationship. She
can present her employment records, including performance evaluations, to demonstrate her
dedication to her career before these issues arose.

Sanah can argue that her ability to provide for Punnu has been compromised due to her
termination, and she should be entitled to support from Shravan for the child's well-being.

She can also cite legal precedents related to spousal support and maintenance in cases of
divorce.

Respondent's Arguments (Shravan):

1. Restitution of Conjugal Rights:

Shravan should build a strong case for the restitution of conjugal rights, highlighting his
willingness to work on their marriage and reconcile with Sanah. He can argue that the
breakdown of their marriage is not solely his fault but a result of her abandonment of their
matrimonial home.

Shravan can provide evidence of his attempts to communicate with Sanah, his requests for her
return, and any other efforts he has made to resolve their differences.

He can emphasize the importance of preserving the institution of marriage and its impact on
their child's upbringing.

2. Child's Upbringing:

Shravan should argue that, as Punnu's father and a Hindu, he has a natural right to be involved
in decisions regarding their son's upbringing, including religious education. He can assert that
he is not imposing his faith but merely following his own beliefs.

Shravan can emphasize that Punnu's exposure to both Hindu and Islamic teachings as he grows
older will allow him to make an informed choice about his faith when he reaches an appropriate
age.

He can present expert opinions on the benefits of exposing children to multiple cultural and
religious perspectives.

3. Lack of Financial Support:

Shravan can argue that he has been the primary breadwinner for their family and that Sanah's
request for financial support from her father indicates a lack of commitment to their marriage.
He can provide financial records showing his contributions to the household.

Shravan can cite legal precedents related to financial obligations within a marriage.

4. Efforts to Reconcile:

Shravan should highlight his ongoing efforts to bring Sanah back home and resolve their
differences for the sake of their child. He can argue that he has been open to communication
and compromise.

Shravan can provide testimonies from friends, family, or therapists who can attest to his
commitment to saving the marriage and his efforts to maintain a harmonious relationship.

In presenting these arguments, both parties should consider the best interests of their child,
Punnu, and strive to demonstrate their commitment to his well-being and future. Ultimately,
the court will carefully weigh all the evidence and arguments to make a fair and just decision
in this complex case.

FACTS OF THE CASE

Background Information: The case revolves around the marriage and subsequent issues faced
by Sanah and Shravan, an interfaith couple living in the Republic of Captown, a democratic
country with a secular constitution that guarantees religious freedom.

Sanah and Shravan's Backgrounds:

Sanah is an independent woman from Shelly, Captown, who is a Sunni Muslim and strongly
believes in Islamic teachings.

Shravan is from the same city and is a Hindu, born and brought up in less affluent
circumstances. He is well-versed in Hindu texts and has become a notable pandit (priest) in
Shelly.

Their Love Story:

Sanah and Shravan were childhood best friends who formed a close bond during their school
days.
Sanah's family disapproved of their relationship due to religious differences and Shravan's lack
of a steady income. They offered to accept the marriage if Shravan converted to Islam, which
he refused.

Marriage Under the Special Marriage Act:

In defiance of their families' wishes, Sanah and Shravan married under the Special Marriage
Act, 1954, which allows interfaith couples to register their marriages irrespective of their
individual religious preferences.

Initial Years of Marriage:

The couple enjoyed a harmonious married life for a year, with Shravan working to provide for
their expenses and Sanah pursuing her career.

Pregnancy and Health Issues:

Sanah became pregnant, but she was apprehensive about it affecting her career. She eventually
agreed to have a child with the understanding that Shravan would take care of the child in
accordance with Hindu traditions.

During her pregnancy, Sanah was diagnosed with severe anaemia, and her father-in-law passed
away.

Financial Strain:

Shravan took up additional work, involving frequent inter-state travels, to support his widowed
mother and meet household expenses.

Sanah continued to work but faced challenges juggling her job, household chores, and medical
check-ups due to her husband's absence.

Termination of Sanah's Employment:

In the eighth month of her pregnancy, Sanah's company downsized and terminated her
employment, leading to financial strain and arguments in their marriage.

Birth of Their Son - Punnu:

Sanah underwent a caesarean section and gave birth to a son, whom Shravan named 'Punnu' in
accordance with Hindu beliefs without consulting Sanah.
Sanah, while initially wanting her son to be named after her father, had made a promise on her
father-in-law's deathbed to name him 'Punnu' in accordance with Hindu traditions.

Sanah's Mental Health Issues:

After the birth of Punnu, Sanah developed delusions and refused to care for him, leading to
strained relations between her and Shravan.

Sanah was diagnosed with postpartum depression and prescribed medication and
psychotherapy, which she refused to attend.

Sanah's Return to Work:

Sanah eventually returned to work at a start-up, but this further strained her relationship with
Shravan and her son.

She demanded financial support from her father, which was refused by Shravan due to his
disdain for her father's earlier attempts to convert him to Islam.

Separation and Divorce:

The marriage reached a breaking point, and Sanah left their matrimonial home to live with her
parents.

Sanah filed for divorce on the grounds of cruelty, seeking custody of Punnu.

Shravan filed for the restitution of conjugal rights, attempting to bring her back home.

The cases were combined for hearing, and the District Court ordered the restitution of conjugal
rights.

These are the central facts of the case, which involve complex legal, emotional, and cultural
issues, particularly regarding their child's upbringing and the impact on their individual rights
and freedoms.

ISSUES RAISED

1. Interfaith Marriage and Religious Freedom:

The central issue is the interfaith marriage of Sanah (a Sunni Muslim) and Shravan (a Hindu)
and the tension that arises from their different religious backgrounds. This raises questions
about religious freedom and the extent to which each spouse can practice and teach their
respective religions to their child.
2. Postpartum Depression and Mental Health:

Sanah's postpartum depression and associated mental health issues are significant concerns.
This raises questions about her capacity to care for her child and how her mental health should
be considered in custody decisions.

3. Child Custody and Upbringing:

The case involves a dispute over the custody and upbringing of Punnu, the couple's son. This
raises complex questions about which parent is best suited to provide for the child's well-being
and how religious and cultural aspects should be integrated into his upbringing.

4. Restitution of Conjugal Rights:

Shravan has filed for the restitution of conjugal rights, seeking to bring Sanah back to their
matrimonial home. This raises questions about the court's role in facilitating reconciliation and
whether it should compel spouses to live together against their wishes.

5. Imposition of Religious Beliefs:

A key issue is whether one spouse is imposing their religious beliefs and customs on the other
spouse and the child. This raises questions about religious coercion and freedom within the
marriage.

6. Financial Support and Employment Issues:

Sanah's termination from her job and the financial strain on the family are issues. This raises
questions about spousal support and the financial responsibilities of each party, particularly
when one spouse is the primary breadwinner.

7. Cultural and Personal Differences:

The case highlights the cultural and personal differences between Sanah and Shravan, including
their backgrounds, career aspirations, and family expectations. These differences contribute to
the marital conflict and are relevant to custody and divorce proceedings.

8. Promise Made on Deathbed:

Shravan named their son 'Punnu' in accordance with Hindu beliefs based on a promise made to
his father on his deathbed. This raises questions about the validity and enforceability of such
promises.
9. Best Interests of the Child:

A critical issue is determining what is in the best interests of Punnu. This involves considering
his physical, emotional, and religious well-being and whether a particular custody arrangement
would serve his interests.

10. Secularism and State Neutrality:

The case mentions Captown's constitution affirming the secular nature of the state. This raises
questions about the role of the state in matters of religion and the boundaries of secularism.

These are the primary issues raised in the case, and they involve complex legal, ethical, and
personal considerations. The court will need to carefully assess and address these issues to
make a fair and just decision that prioritizes the well-being of the child and respects the rights
and freedoms of both spouses.

PRAYERS:

Petitioner's Prayers (Sanah):

1. The petitioner prays for a decree of divorce under the Special Marriage Act, 1954, on
the grounds of cruelty.
2. The petitioner prays for custody of the minor child, [Child's Name] ('Punnu'), along
with the authority to provide him with a well-rounded upbringing that respects both
Hindu and Islamic traditions.
3. The petitioner prays for spousal support and financial maintenance to ensure the
child's welfare and her own well-being.
4. The petitioner prays for any other relief that the Honorable Court deems just and
equitable in the circumstances of this case.

Respondent's Prayers (Shravan):

1. The respondent prays for the denial of the petitioner's request for a divorce and the
preservation of the sanctity of the marriage.
2. The respondent prays for joint custody of the minor child, [Child's Name] ('Punnu'),
with shared responsibilities for his upbringing, including the right to expose him to
Hindu traditions and beliefs.
3. The respondent prays for a fair and equitable financial arrangement for the petitioner
and the child's welfare.
4. The respondent prays for any other relief that the Honorable Court deems just and fair
under the circumstances of this case.

These prayers or requests for relief are the formal way in which the parties communicate to
the court the specific outcomes they are seeking as part of the legal proceedings. The court
will consider these prayers along with the arguments and evidence presented by both parties
when making its decision.