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MADHUSUDAN LAW UNIVERSITY MOOT COURT COMPETITION

FOR ACADEMIC YEAR 20201-2022

BEFORE THE HON’BLE HIGH COURT

RAHUL-----------------------------------------------[APPEALANT]

VS

ANJALI ---------------------------------------------[RESPONDANT]

ON THE SUBMISSION TO THE REGISTRY OF THE

HON’BLE HIGH COURT

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MEMORIAL FOR THE RESPONDANT

TABLE OF CONTENTS

ABBREVIATIONS ---------------------------------------------------------------------------3

INDEX OF AUTHORITIES ---------------------------------------------------------------4 - 7

CASES REFFERED------------------------------------------------------------------------------------------------- 4

BOOKS REFFERED------------------------------------------------------------------------------------------------ 5

STATUTES---------------------------------------------------------------------------------------------------------- 6

STATEMENT OF JURISDICTION------------------------------------------------------- 7

STATEMENT OF FACTS------------------------------------------------------------------ 8 - 9

STATEMENT OF ISSUES------------------------------------------------------------------- 10

SUMMARY OF ARGUMENTS------------------------------------------------------------- 11

ARGUMENT ADVANCED------------------------------------------------------------------12-13

1. Whether the judgement of the family court is valid under the facts as well as on the

aspects of law ?

A. Whether the judgement of the family court falls under the section 9 of Hindu

marriage Act , 1955 that is , restitution of conjugal rights ?

2. Whether the Appellant has deserted the respondent without any valid excuse or

reason ?

A. Why the FIR was filed against the appellant under 498A of IPC ?

3. What relief is due to the appellant ?

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A. Whether there should be any relief to the appellant ?

PRAYER --------------------------------------------------------------------------------- 14

ABBREVIATIONS

Cr.PC ----------------------------------- The Code of Criminal Procedure .

IPC---------------------------------------Indian Penal Code .

DP act ----------------------------------- Dowry prohibition Act .

u/s---------------------------------------- Under Section .

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IDEX OF AUTHORITIES

CASES REFFERED

1. Smt. Saroj Rani VS Sudarshan Kumar Chadha ( 8th august ,1984 )

2. Dharmendra Kumar VS Usha Kumar ( 19th august ,1977 )

3. Geeta Lakshmi VS G.V.R.K. Sarveswara Rao (20th august ,1982)

4. Hem Raj VS Urmila Devi and Ors. ( 8th November ,1996)

5. Smt. Kanta Choudhary VS Rajendra Choudhary (1st October , 1982)

6. Shridhar Dada Kate (Dr.) VS Usha Shridhar Kate ( 30th July , 1986)

7. G.V. Siddaramesh VS State of Karnataka ( 5th February ,2010 )

8. Shobha Rani VS Madhukar Reddy ( 12th November , 1987 )

9. S. Gopal Reddy VS State of Andhra Pradesh ( 11th July , 1996 )

10. Rajan Vasant Revankar VS Mrs. Shobha Rajan Revankar (24th march ,1994)

11. Kishan Singh and Anr VS State of Punjab ( 12th October , 2007 )

12. A. Ashok Vardhan Reddy and others VS Smt. P. Savitha and another

(29th February , 2012 )

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BOOKS REFFERED

1. Mulla Hindu Law By Sir Dinshaw Fradunji Mulla , 23rd editon

2. Family Law by Paras Diwan

3. INDIAN PENAL CODE by Prof. S.N. Misra

4. THE CODE OF CRIMINAL PROCEDURE by Prof. S.N. Misra

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STATUTES

1.Cr.P.C –1973,

Section 125, 41(A)

2.Hindu Marriage Act-1955 ,

Section-9, and section 13(1)

3.Indian Penal Code-1860,

Section 498(A), 323, 506, 294 /34

4.Dowry Prohibition Act ,

Section-4

5.The Protection of Women from Domestic Violence Act-2005

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STATEMENT OF JURISDICTION

The Hon’ble High court of Odisha has the inherent jurisdiction to try , entertain and dispose

of the present appeal by virtue of Hindu marriage Act 1955 , section 9 and The relevant

sections of the act are transcribed below :

Hindu marriage Act , 1955 section 9 :

When either the husband or the wife has, without reasonable excuse, withdrawn from the

society of the other, the aggrieved party may apply, by petition to the district court, for

restitution of conjugal rights and the court, on being satisfied of the truth of the statements

made in such petition and that there is no legal ground why the application should not be

granted, may decree restitution of conjugal rights accordingly. 8

[ Explanation. Where a question arises whether there has been reasonable excuse for

withdrawal from the society, the burden of proving reasonable excuse shall be on the person

who has withdrawn from the society.]

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STATEMENT OF FACTS

13. Rahul was a doctor by profession. After clearing his MD from SCB Medical

College and Hospital, he got into a famous corporate Hospital at

Bhubaneswar as an Anaesthesia specialist. He belonged to a joint family and

stayed with his parents and elder brother Animesh. Animesh was a bank

officer and married to Riya. Riya had one girl of 8 years old. Riya was a

homemaker. Their house was located at HIG colony, Nayapalli,

Bhubaneswar.

14. After Rahul got a stable job in the hospital, his distant uncle Ramchandra got

the proposal of marriage for Rahul. The girl is Anjali, Daughter of Kashinath

and Sulakshana Devi of Banki, Cuttack. Kasinath is a retired Govt. Servant.

He retired as Joint Secretary to the Health Department, Government of

Odisha. He has a son and a daughter. Son Anshuman is an IAS officer in

Andhra Pradesh Cadre and posted as District Collector Vishakapatnam.

Daughter Anjali has done her master’s in political science from Utkal

University and was enrolled in the M. Phil course of the University. As the

proposal was very good, Rahul and his parents went to the house of Anjali

for further discussion. Both families liked each other. Rahul and Anjali also

liked each other, and the matrimonial alliance was finalized.

15. Both got engaged on 3/2/2016 and got married on 3/2/2020 at Mayfair

convention hall located at Bhubaneswar, observing rituals, customs,

ceremonies as observed as per the practice of their caste and also as observed
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the provisions under the Hindu Marriage Act (25 of 1955) in the presence of

their respective parents. Other elders of both families attended the marriage

and blessed them with a happy conjugal life.

4. They led a very happy conjugal life. Rahul has established himself as one of the topmost

Anesthesia professionals of Odisha with a very handsome monthly income (more than a six-

figure salary). Meanwhile, Anjali has cleared his M.Phil and enrolled for PhD at Utkal

University. They were blessed with a baby girl, Anshika, in the year October 2020.

5. But after the birth of their daughter, the relation started to become sour. There were

frequent arguments and fights between Rahul and Anjali. Both the families tried to amicably

settle the issue but were in vain. There was one instance of physical violence too. Rahul had

slapped Anjali once across her face for arguing in high pitch. Frustrated with Rahul, she left

their house with her daughter and took shelter in his parent’s house. Anshuman flew from

Vishakhapatnam and tried to settle the issue between the two, but nothing fruitful could

happen. Finally, on 4th August 2020, Anjali filed an FIR in Mahila Police Station

Bhubaneswar. (Ref. 145/ 2018 u/s 498A/323/341/506/34 of IPC r/w S. 4 D.P. Act). The FIR

named the accused were Rahul, his parents, his brother and his brother’s wife. Police issued

notice to all the accused u/s 41A of CrPC. Meanwhile, Anjali also filed a maintenance suit

under S. 125(1) of CrPC. She also filed an application under the Domestic Violence Act,

2005, against Rahul and his family. She had also filed an application in the family court for

restitution of her conjugal rights against her husband. The evidence was taken in the

restitution of conjugal rights already, but the final judgment is not yet pronounced.

6. Meanwhile, Rahul also filed a divorce petition in the family court for a grant of decree of

divorce and dissolution of marriage.

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STATEMENT OF ISSUES

ISSUE 1. Whether the judgement of the family court is valid under the facts as well as on

the aspects of law ?

ISSUE 2. Whether the Appellant has deserted the Respondent without any valid excuse

or reason?

ISSUE 3. What relief is due to the Appellant ?

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SUMMARY OF ARGUMENTS

1. The judgement of the family court is valid .

The judgement of Family court , under the section 9 of Hindu Marriage act , 1955 is valid due

to the facts that it’s her right for the restitution of her conjugal rights as she was deserted by

her husband without any valid cause for which she had a cause of action to file a case under

it . as a married women she has all the rights to secure housing and reside in her matrimonial

home under the Protection of women from Domestic Violence Act , 2005 .

2. The appellant deserted the respondent without any proper cause given .

When Anjali moved to her matrimonial house there was mental torture . and later she

found a letter of Dr. Swati from Rahu’s pant pocket and the content indicated towards an

amorous relationship between Rahul and Swati . when Anjali asked Rahul slapped her

across the face and for which she filed another FIR against him under section 498A of

IPC .

3. No relief is due to the appellant .

There was demand for dowry from Rahul’s family , and also there was physical and

mental torture from his side . so Anjali filed an FIR under section 4 of Dowry prohibition

act and another FIR under section 498A of IPC respectively at nayapalli police station .

And after the decree had passed by the family court for the restitution of conjugal rights

of Anjali , Rahul ignored it and didn’t take her into his conjugal society . so no relief is

due to the appellant

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ARGUMENTS ADVANCED

The judgement of the family court is valid .

The judgement of the family court is valid because the respondent’s demand for

restitution of conjugal rights falls u/s 9 of Hindu marriage Act and gives right to the

respondent to ask for the restitution of her conjugal rights .

A. Whether the judgement of the family court falls under the section 9 of Hindu

marriage Act , 1955 that is , restitution of conjugal rights ?

The family court continued its proceeding with the restitution of conjugal rights and

ordered Rahul to take Anjali to his conjugal society within one month of the decree .

The section 9 says that if a husband or wife has withdrawn from the society of other

without any reasonable excuse , the aggrieved party may apply for the restitution of

conjugal rights and the court on being satisfied of the truth of the statements made in

such petition and that there is no legal ground why the application should not be

granted, may decree restitution of conjugal rights accordingly.

So here the family court’s judgement falls under this section making it valid .

2. Whether the Appellant has deserted the respondent without any valid excuse or

reason ?

Respondent discovered an ambiguous relation of the appellant with another woman

named Dr. Swati for which there was seen violence from the appellant , and the

appellant also abandoned Anjali , the respondent from fulfilling her obligations and

duties as a wife .
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A. Why the FIR was filed against the appellant under 498A of IPC ?

As the respondent found a letter about the amorous relationship of Rahul with some

other woman and when she questioned about it Rahul slapped her across the face and

then Anjali filed FIR against him under section 498A of IPC for the cruelty of him

and it shall be punished with imprisonment for a term which may extend to three

years and shall also be liable to fine . and by this act of the appellant , he stopped the

respondent from performing her duties and obligations as a wife and deserted her

from her position .

3.What relief is due to the appellant ?

It is submitted that all the FIR filed against the appellant are valid and he should not get

any kind of relief .

A.Whether there should be any relief to the appellant ?

Tormenting the respondent for dowry and also for torturing her both mentally and

physically , and for ignoring the family court’s judgement , under the DP act , 1961

Section 4 and the 498A of IPC , there should not be any relief to the appellant .
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PRAYER

WHEREFORE IN THE LIGHT OF THE ISSUES RAISED, ARGUMENTS

ADVANCED , IT IS HUMBLY PRAYED THAT THIS HON’BLE COURT MAY

BE PLEASED TO:

1. Continue the jurisdiction of the family court and give the right to the respondent

for the restitution of her conjugal rights .

2. Punish the appellant for the desertion of the respondent on no valid grounds and

also the respondent to receive maintenance from the appellant .

3. Not to give the appellant any relief as there is no valid ground for seeking relief .

And pass any order, direction or relief that this Hon’ble Court may deem fit in the interests

of justice, equity and good conscience.

All of which is humbly prayed,

Counsels for the Respondent .