JHARKHAND STATE MOOT COURT COMPETITION

TABLE OF CONTENT

LIST OF ABBREVIATION
INDEX AND AUTHORITES
STATEMENT OF JURISDICTION
STATEMENT OF FACTS
1. Mr. Rahul Sen and Susmita Sen are the couple and they were got married
in 2017. They were the resident of the Kolkata, west Bengal and working
in the U.S. based Multinational Company.
2. After 3year of marital life couple. Mrs. Susmita Sen got aware about the
fact that she cannot give birth to a healthy child. She got these
information from the medical report i.e. secretly kept by her husband Mr.
Rahul Sen.
3. As per the medical report Mr. Rahul Sen have the serious problem. He is
suffering from some serious congenital medical problem. That problem is
genetic problem that may pass to their child.
4. When Mrs. Susmita Sen had got aware about the fact of Mr. Rahul Sen
who have been kept the information secretly before and after the
marriage. Due to this they were fighting each other seriously.
5. Mr. Rahul Sen who is the husband of Mrs. Susmita Sen went to the Pune
for the employment training program for two months.
6. Mrs. Susmita Sen have developed the extramarital relationship with the
office colleague Mr.Vidya with the desire having the healthy child. After
some time Mr. Rahul Sen have been got aware about the fact that
extramarital relationship of his wife. But he did not object her to the
same.
7. Mr. Vidya confessed about the illicit relationship with the Mrs. Susmita
Sen before the Mrs. Madhu who is the wife of Mr. Vidya. Then Mrs.
Madhu got furious about the matter of her husband. After that she filed a
complaint against her husband as main accused and Mrs. Susmita Sen as
Second accused.
8. Mrs. Madhu also filed complaint against the Mr. Rahul Sen as
Abettor .because he has aware and acquainted about the fact of his wife
extramarital relationship. However, he has kept silence about the fact of
his wife extramarital relationship and encouraged the Mrs. Susmita Sen
and Vaidya to indulge in adultery thereby running marital life.
9. Due to this Mr. Madhu pleaded that she too shall be recognized as
aggrieved person as her matrimonial life was disturbed with these
development.
10.In the mean while a Public interest litigation is filed in the Supreme court
by an NGO with a plea that sec 497 of Indian Penal Code, 1860 shall be
struck down as it violates Article 14, 15, and 21 of Indian constitution on
the ground that the relevant section of Indian Penal Code gives immunity
to only adulteress but not to Men when both are equally guilty. As a
matter of principle of public policy, gender neutrality shall be observed in
the criminal law.
11.Mrs. Madhu also impleaded herself challenging the constitutional validity
of sec. 497 in the Supreme Court as it violates different Articles of Indian
Constitution. She also submits that such ‘total immunity cannot be given
to Mrs. Susmita, the adulteress.
12.She submits that S. 198 (2) of Code of Criminal Procedure, 1973 is also
unconstitutional for it ‘discriminates on the basis of sex’ which is
prohibited under Article 15 (1) of Indian Constitution.
13.Mrs. Madhu also filed a petition in the Family Court for ‘divorce’ from
her husband under The Hindu Marriage Act, 1955.
14.Mr Rahul Sen also applied for divorce from his wife Mrs. Susmita Sen
under The Hindu Marriage Act, 1955. Mrs.Susmita Sen objected to the
Mr. Rahul’s Petition because pf the in reality non discloser of his serious
health problem has brought forth this state of affairs.
15.The High Court quashed the criminal proceedings against all the accused
persons ‘declaring that Sec. 497 does not violate any of the provisions of
the Indian Constitution.
16.The Supreme Court, after hearing preliminary arguments, admitted and
clubbed all the SLPs for final disposal
 ISSUES RAISED

 Whether section 497 of Indian Penal Code is unconstitutional?


SUMMARY OF ARGUMENTS
ARGUMENTS ADVANCED