MOOT COURT CASE -1-2024

Sandeep and Anjali got married in New Delhi as per the Hindu Marriage Act,
1955. After marriage Sandeep was soon promoted and got jog offer from the
Silicon Valley, in USA and Anjali by that time she had just landed a resident
position at a local hospital. But she was forced to move to USA for her husband.
In order to practice medicine in the states she had to clear the medical board exam,
which she eventually did. Soon after she realizes that it is a appropriate time for
her to have a child but Sandeep opposes given their financial instability.

Later in 2010, after a many failed attempts the couple decided to get their child
born though surrogacy in India and eventually bring him or her with them to USA.

After many unsuccessful attempts at finding a surrogate they had finally found
Priya who was willing to act as a surrogate to their baby and it was decided
verbally between Sandeep, Anjali and Priya would have no right and access to the
child any time in the future. Sandeep and Anjali then returned to USA.

In 2014 a baby girl was born and the couple returned to India. The baby being a
premature one advised not to travel for the first few months. Anjali leaves to USA
for work whereas Sandeep stayed back taking care of the baby and owing to the
time he spent with Priya and the baby he started developing a relation with Priya
and started becoming closer.

Anjali then tries to clarify things with Sandeep but resulted in arguments and
finally Sandeep decides to part ways. He files a divorce petititon. In the
meanwhile. Priya claimed that as she developed strong emotional bond with the
baby, she is not going to give her the child. Anjali files restitution of conjugal
rights and also custody of the child.

Issues :

1.Whether Sandeep is entitled to claim Divorce?

2.Whether sole legal custody can be granted to Mrs. Anjali?

3. Mooters are free to include issues of their choice.