Scribd
Upload
53 views2 pages

Moot Court 3

Salma Khan has filed for divorce from Satish Mehra, citing mental cruelty, and seeks permanent alimony, full custody of their daughter Tara, and compensation for harassment. The couple's marriage, which began in 2016, deteriorated due to Satish's erratic behavior and an extramarital affair, leading to Salma's petition. Key issues for consideration include the entitlement to alimony, custody arrangements for Tara, and the applicability of the Special Marriage Act in this case.

Uploaded by

Rishta Porwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
53 views2 pages

Moot Court 3

Salma Khan has filed for divorce from Satish Mehra, citing mental cruelty, and seeks permanent alimony, full custody of their daughter Tara, and compensation for harassment. The couple's marriage, which began in 2016, deteriorated due to Satish's erratic behavior and an extramarital affair, leading to Salma's petition. Key issues for consideration include the entitlement to alimony, custody arrangements for Tara, and the applicability of the Special Marriage Act in this case.

Uploaded by

Rishta Porwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

MOOT COURT 3

Case Title: Salma Khan v. Satish Mehra


Court: Family Court, Bandra, Mumbai
Relief Sought: Divorce under Special Marriage Act, 1954, permanent alimony under Section 37
SMA, custody under Guardians and Wards Act, and compensation for harassment.

Salma Khan, 33, a corporate lawyer, married Satish Mehra, 36, an investment banker, on 5th
February 2016 under the Special Marriage Act, 1954. The couple lived in Bandra, Mumbai, and
have a 6-year-old daughter, Tara Mehra.

In the first two years, the marriage was cordial. However, from 2018 onwards, Salma alleges
that Satish began displaying erratic behavior including emotional withdrawal, excessive
drinking, and verbal abuse. She claims he frequently humiliated her career choices and
prevented her from attending professional networking events, citing “family values.”

In 2021, Salma suffered a miscarriage. She alleges that Satish mocked her trauma and pressured
her to “quickly try again” to save their marriage. After resuming work post-miscarriage, Salma
was transferred to the Delhi office for 6 months. Satish refused to relocate or allow their
daughter to accompany her, leading to more arguments.

In 2023, Salma discovered Satish had been involved in a long-standing extramarital affair with a
junior colleague. She confronted him, but Satish denied everything and filed a Section 9 RCR
(Restitution of Conjugal Rights) petition, claiming Salma abandoned the marital home without
reason.

Salma has now filed a divorce petition on the grounds of mental cruelty and seeks:

• Permanent alimony of ₹1.2 lakhs per month (10% of Satish’s salary)

• Full custody of Tara, alleging Satish’s unstable emotional condition and alcohol
dependence

• Compensation for mental harassment

Satish opposes the divorce and instead seeks joint custody and visitation rights, arguing Salma
is trying to alienate the child and falsely building a case for alimony.
ISSUES FOR CONSIDERATION

1. Whether Salma is entitled to claim permanent alimony of ₹1.2 lakhs per


month, considering Satish’s income and her own professional status as a
corporate lawyer?
2. Who should be granted custody of Tara — Salma (seeking full custody) or
Satish (seeking joint custody and visitation rights) keeping in mind the
“welfare of the child” principle?
3. Whether Salma can claim separate compensation for mental harassment in
addition to alimony, and if so, under which provisions of law?
4. If the marriage was solemnized under the Special Marriage Act, 1954, does
the Act override personal religious laws in matters of divorce, maintenance,
and custody?

You might also like