MOOT COURT CLINICAL COURSE I

COMPONENT II AND III

BA.LL. B/BSC.LL. B 2022 (HONOURS)
IV SEMESTER

1/2022ballb05-Milan Sharma and 2022ballb26-Ananya Gupta. (Petitioner)

2/2022ballb06-Sarqa P. S. and 2022ballb08-Shilpee. (Respondent)
3/2022ballb73-Maitri Baghel and 2022ballb82-Nandita Karan Yadav. (Petitioner)
4/2022ballb74-Animesh Chaturvedi and 2022ballb133-Rhidima Chauhan. (Respondent)
5/2022bscllb05-Bhavesh Basod and 2022bscllb62-Komal Meena. (Petitioner)
6/2022bscllb06-Nitish Kumar Nigam and 2022bscllb47-Aditi Raikwar. (Respondent)
Section A
Date of submission of Moot Memorial-20/3/2024. (Wednesday)
Moot Court Submission-21/3/2024. (Thursday)
Time-10.10am-11.10am (Thursday)

Section B
Date of submission of Moot Memorial-20/3/2024. (Wednesday)
Moot Court Submission-21/3/2024. (Thursday)
Time-9am-10am. (Thursday)

Bscllb
Date of submission of Moot Memorial-20/3/2024. (Wednesday)
Moot Court Submission-21/3/2024. (Thursday)
Time-11.20am-12.30pm (Thursday)

Instructions; -

Date: Thursday the 21ST day of March 2024.

Venue-Academic Block II
Ground/First Floor
Rooms 1/2/6
Dress Code-Formal for counsels.

It is compulsory for the Petitioner to prepare a set of legal issues which is to be identified
from the moot proposition and frame the contentions accordingly. The Petitioner must
serve a copy of the same on the Respondent and the teacher concerned immediately upon

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receiving the same. The Respondent must also prepare the legal issues and frame the
contentions accordingly within a reasonable period of time and serve the same on the
Petitioner and the teacher concerned so that the Petitioner may be given the opportunity to
rebut the same on the Moot Court submission date. On the date of submission both parties
are to present their arguments using the facts of the case, legal provisions and the relevant
case laws.

Date of submission of memorial-Wednesday the 20TH day of March 2024.

Moot Court submission-15 minutes and each student have 7 and half minutes of
presentation. Time must be divided equally between the students for effective assessment.
Rebuttals may be allowed occasionally.

MOOT PROPOSITION
Arohi was a middle-class, upper caste Hindu. He married Aruna in the year 1977. Aruna
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, Aruna 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 Kaushal and decided to give him in adoption. Their sweeper,
Maina 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 Kaushal was given to Maina Devi by Arohi and Aruna and was
taken by Maina Devi. Thereafter, she gave him back to the couple for bringing him up on her
behalf. Maina Devi kept visiting them regularly and gave something for Kaushal every month till
he was ten years old when she died. In the meanwhile, in the year 1994 another son was born to
Arohi and Aruna and he was named Balraj.

The fact of adoption of Kaushal was treated by Arohi and Aruna as a formality to save
his life and he was brought up by Arohi and Aruna as their son with Mala and Balraj. Arohi died
intestate in the year 2012. Aruna decided to divide the property in four equal shares, one each for
herself, Mala, Kaushal and Balraj. Mala and Balraj objected to it and demanded 1/3 share in the
property as Kaushal had no right having been given in adoption to Maina Devi. Aruna’s pleas
that the adoption was a mere ritual carried out on the advice of the astrologer to save Kaushal’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 Kaushal was given and taken in adoption with a
free will. Unable to resolve their dispute, Mala and Balraj filed a suit for division of property and
declaration that Kaushal was not an heir to any property of Arohi in the absence of a will.

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 The lower court decreed in favor of the plaintiffs. Aruna and Kaushal filed an appeal
against the order asking for an equal share to Kaushal in the suit properties being the natural born
son. They pleaded that the adoption was not valid in the absence of the intention to really give
him in adoption. Alternatively, they pleaded that the adoption was bad as Aruna’s consent was
vitiated having been given under the mistaken belief that it was a religious ceremony aimed at
saving the life of her son. In addition, it was submitted that an adoption that put the child in
situation of deprivation cannot be held valid and binding being contrary to the principle of best
interest of the child.

1/Identify the legal issues.

2/Prepare contentions for the Petitioner and Respondent in the form of submissions.
3/State the relevant law.

MOOT COURT GUIDELINES

 Each team has to submit one Memorial. i.e. two students will submit 1 memo of either
side (either the Petitioner or the Respondent). The format is not competition but learning.
 The Moot memorial would NOT be sent for Plagriasm check.
 The format of the Memorial with page specifications and the like have been provided as
follows:

Rules for Memorial submissions

1. Each team must submit one soft and bound copy of the memorial on either side no later
than the date fixed and announced in the class.
2. Memorial specifications:
a) Memorials must be printed on A4 size white paper with black ink on both sides of the
paper.
b) The body of the memorial must be in Fonts Times New Roman, Size 12 and footnotes
in Fonts Times New Roman in Size 10.
c) Each page must have a margin of at least one-inch on all sides. Do not add any designs
or borders on the pages.
d) Memorials should be submitted with different Title Page for each side clearly
specifying if it is the Memorial for the Petitioner or for the Respondent.
 The students shall provide their full names, team code and roll numbers on the
title page only.
e) The Memorial should not exceed 20 typed pages (line space 1.5) and shall consist of
the following Parts:
• Table of Contents
• Statement of Facts
• Statement of Jurisdiction
• List of References and Cases
• Statement of Issues
• Summary of Arguments

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