Professional Documents
Culture Documents
I N
T H E
F A M I L Y
H O N B L E
C O U R T ,
G U N T U R
MOHAN
_____________Plaintiff
FATIMA
____________Defendant
TABLE OF CONTENTS
INDEX OF ABBREVIATIONS
II
INDEX OF AUTHORITIES
III
STATEMENT OF JURISDICTION
VI
STATEMENT OF FACTS
VII
QUESTIONS PRESENTED
VIII
SUMMARY OF ARGUMENTS
IX
5
5
Page I
INDEX OF ABBREVIATION
&
And
AIR
All
Allahabad
All LR
Art
Article
Bom
Bombay
BomCR
Cal
Calcutta
Ch
Chandigarh
Guj
Gujarat
HC
High Court
HLR
HP
Himachal Pradesh
Karn
Karnataka
Mad
Madras
MP
Madhya Pradesh
Ori
Orissa
P.L.R.
Pat
Patna
Raj
Rajasthan
SC
Supreme Court
SCC
Sec
Section
Page II
INDEX OF AUTHORITIES
CASES REFERRED:1. Abdur Rahim Undre v Padma Abdur Rahim Undre, AIR 1982 Bom 341.
2. Annanthai v Murugaiah, AIR 2000 Mad 356.
3. Asfaq Qureshi v Aysha Qureshi, AIR 2010 Chh 58.
4. Bai Jamuna v Dayalji, (1920) 22 Bom LR 241.
5. Binita bag v Tapas Bag, AIR 2009 Cal 267.
6. Bitto v Ramdev, AIR 1983 All 371.
7. C.M. Arumugam v S. Rajgopal, AIR 1976 SC 939.
8. ChitralekhaKunju v ShibaKunju, 1998 (1) BomCR 710.
9. Evangelical Fellowship v State of HP, 2013 (4) RCR(Civil) 283.
10. Gullipilli Raj v Bandaru Pavani, AIR 2009 SC 1085.
11. Hasina Bano v Alam Noor, AIR 2007 Raj. 49.
12. Inder Yash v Manjeet Kaur, 1980 HLR 251.
13. Jacintha Kamath v. K. Padmanabha Kamath, AIR 1992 Karn. 372.
14. K.P. Manu v Chairman, Scrutiny Committee for Verification of Community Certificate,
AIR 2015 SC 1402.
15. Kailash Sonkar v Maya Devi, (1984) 2 SCC 91.
16. Khurshid Bibi v Mohd Amin P.L.D. 1967 SC 97.
17. Kiran Devi v Batul Kumar Verma, AIR 2011 Pat 26.
18. Laxman Singh v Keshan Bai, AIR 1996 MP 166.
19. Lily Thomas v Union of India, (2000) 6 SCC 224.
20. Margaret Palai v SavitriPalai, AIR 2010 Ori 45.
21. Most Ranjani Hembrom v Merry Murmu, AIR 2010 (NOC) 903 (Jhar).
22. Neera v Krishna Swarup, AIR 1975 All 337.
23. Nilesh Narain v Kashmira Banker, AIR 2010 Guj 3.
24. Noor Jahan Begum v State of Uttar Pradesh, 2015 (1) ADJ 755.
25. Parbai Ram v Thopli, AIR 1996 HP 20.
26. Principal, Guntur Medical College, Guntur v Mohan Rao, AIR 1976 SC 1904.
27. Rakheya Bibi v Anil Kumar, AIR 1948 Cal 119.
28. Ranjana Kejriwal v Vinod Kejriwal, AIR 1997 Bom 380.
29. Ratilal Panchand v State of Bombay, AIR 1954 SC 388.
Page III
Page IV
Page V
STATEMENT OF JURISDICTION
THE COUNSELS REPRESENTING THE DEFENDANT HAVE ENDORSED THEIR PLEADINGS BEFORE
THE HONBLE FAMILY COURT, GUNTUR UNDER SECTION 7 OF THE FAMILY COURTS ACT,
1984 IN WHICH THE HONBLE COURT HAS THE JURISDICTION
THE PRESENT MEMORANDUM SETS FORTH THE FACTS, CONTENTION AND ARGUMENTS
Page VI
STATEMENT OF FACTS
For the sake of brevity and convenience of the Honble court the facts of the present case are
summarized as follows:
1. Mohan is born as the fourth child in a family which consists of his father Raju alias
Rahmatullah Khan, his mother Renuka alias Ria Khan and three elder sisters Shanti,
Srikala and Sinhdu. His parents were Hindus by birth. They belong to Madiga cast, a
lower caste. Due to discrimination, after marriage his father decided to convert to Islam as
he did not want his children to suffer any discrimination in the society
2. Mohan spent most of the time with his maternal grandparent. He enjoyed going to both
prayer in the Mosque with his father and going to temple with his grandparents.
3. He wanted to become a doctor and applied for a seat in Guntur medical college. In the
state of Andhra Pradesh, for admission to medical college, converts to other religions from
Hinduism are treated as backward class. So he applied and he described himself as a
member of a backward class. But he did not get admission.
4. Then on the advice of his grandfather he got himself converted to Hinduism by Suddhi
ceremony. He got admission, on the basis member of a Scheduled Caste.
5. When he was in his 5th year he met with Fatima (17 year old), 1st year student. They were
childhood friends. They fell in love. In a causal talk Mohan disclosed to her about his
conversion to Hinduism. Fatima feared that her father may not accept the marriage. She
told Mohan that her father is looking for her alliance, he insisted to get married soon. she
agreed under emotional threat and pressure
6. He made Fatima to undergo Suddhi ceremony and changed her name as Meera, then
married her, in a temple in Guntur, according to Hindu ceremonies and rituals. After that
they also married under Muslim form and a Qazi so that her father accepts their marriage.
7. Fatima confessed everything to her father. Her father convinced her that she should come
out of relationship with Mohan. He is not trustworthy person and suitable for her as He has
changed his religion just to get admission in college and He made her to convert for
marriage. Fatima got migration and she stopped all her contacts with Mohan.
8. Mohan filed for restitution of conjugal rights under the Sec 9 of the Hindu Marriage Act,
1955 in the Family Court of Guntur, Andhra Pradesh.
Page VII
QUESTIONS PRESENTED
The following questions are presented before this Honble Court for adjudication in the
instant matter:
I.
II.
III.
IV.
V.
Page VIII
SUMMARY OF ARGUMENTS
I.
It is humbly submitted before the Honble court that the conversion of Mohan to Hinduism is
valid because he has freedom to profess and practice religion of his choice in the Constitution
respectively. Secondly he has been accepted by the society after conversion and he got the
admission and no one has opposed his conversion.
II.
It is submitted before the Honble court that the conversion of Fatima to Hinduism is not
valid because her conversion was not bonafide and it was due to the influence and pressure
exerted by Mohan that she converted to Hinduism out of her own will. Conversion is valid
when the person has change of belief and not due to force or pressure.
IV.
It is humbly submitted before this Honble Court that the Muslim form of marriage is not
valid as a marriage prohibited by reason of difference of religion is an irregular marriage
(fasid) i.e. invalid. The essential requirements for a valid Muslim marriage are capacity to
contract marriage, proposal and acceptance, and both have to be Muslim.
V.
It is humbly submitted before this Honble Court that in the instant case restitution of
conjugal rights under the Hindu Marriage Act, 1955 will not be given to Mohan because of
the invalidity of the Hindu Marriage. When marriage is invalid there is no right of consortium
with Mohan.
Page IX
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6. In the instant case also Mohan reconverted his religion and has been given admission in
the college under the reserved quota for madiga castes claiming to be a member of
Schedule caste. He has been professing Hinduism for over 5 years and no one opposed his
reconversion that implies that he has been accepted as a member of madiga caste.
II. FATIMAS CONVERSION TO HINDUISM IS INVALID
7. It is submitted before the Honble court that the conversion of Fatima to Hinduism is not
valid because her conversion was not bonafide and it was due to the influence and pressure
exerted by Mohan that she converted to Hinduism out of her own will.
[A]CONVERSION WAS NOT WITH BONAFIDE INTENTION
8. In order to find the genuine intention of an individual, Balakrishnan, J. in Sapna Jacob v
The State of Kerala9 observed that the court can find the true intention of men lying
behind their acts and can certainly from the circumstances of a whether a pretended
conversion was really a means to some further end. It was also laid down that a bona fide
intention to be converted to the Hindu faith accompanied by conduct or unequivocally
expressing that intention. Moreover, in Rakheya Bibi v Anil Kumar10, the Calcutta High
Court observed that it is open to the Court to go into the question whether the conversion
was a bona fide one or a mere pretence.
9. In order to find the genuine intention of an individual, Balakrishnan, J. in Sapna Jacob v
The State of Kerala11 observed that the court can find the true intention of men lying
behind their acts and can certainly from the circumstances of a whether a pretended
conversion was really a means to some further end. It was also laid down that a bona fide
intention to be converted to the Hindu faith accompanied by conduct or unequivocally
expressing that intention. Moreover, in Rakheya Bibi v Anil Kumar12, the Calcutta High
Court observed that it is open to the Court to go into the question whether the conversion
was a bona fide one or a mere pretence. In Skinner v. Skinner13, the Privy Council, while
referring to the possibility that a change of religion on the part of both the spouses might
have the effect of altering rights incidental to the marriage, was careful to add the
qualification that such change must be made honestly and without any intent to commit a
fraud upon the law.
9
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14
Noor Jahan Begum v State of Uttar Pradesh, 2015 (1) ADJ 755.
Ibid at Para 42; Lily Thomas v Union of India, (2000) 6 SCC 224.
16
Rakeya Bibi v Anil Kumar Mukherjee, AIR 1948 Cal 119
17
Stainislaus v State of MP, AIR 1977 SC 908.
18
Abdur Rahim Undre v Padma Abdur Rahim Undre, AIR 1982 Bom 341.
19
(2000) 6 SCC 224.
20
2013 (4) RCR (Civil) 283.
15
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relationship with his only brother who married a Hindu woman due to which Mohan
opted for this way out of his ill-will to marry her. Therefore, conversion of Fatima to
Hinduism is not valid because it was not under her free will and she also had no faith in
any other religion.
21
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26
Khurshid Bibi v Mohd Amin, P.L.D. 1967 S.C. 97; Hasina Bano v Alam Noor, AIR 2007 Raj 49.
Neera v Krishna Swarup, AIR 1975 All 337; Sushil Kumar v Prem Kumar, AIR 1976 Del 321; Sangam Singh
v Inder Singh, (1984) 10 All LR 83; Bitto v Ram deo, AIR 1983 All 371; Bai Jamuna v Dayalji, (1920) 22 Bom
LR 241.
28
Family Courts Act 1984 s 7(1) Explanation(a): Wherever a family court has been established the family court
has exclusive jurisdiction to entertain applications which were previously exercisable by a district court.
29
Sanjeev Nayan Kumarv Priti Kumari, AIR 2011 Jhar 1; Kiran Devi v Batul Kumar Verma, AIR 2011 Pat 26;
Binita Bag v Tapas Bag, AIR 2009 Cal 267; Satya Sundar v Mamata Tripathi, 2007 II OLR 668
30
Sanjeev Kumar v Priti Kumari, AIR 2011 Jhar 1; Annanthai v Murugaiah, AIR 2000 Mad 356; Ranjana
Kejriwal v Vinod Kejriwal, AIR 1997 Bom 380.
31
Ravinder Kumar v Kamal Kanta, (1976) 78 Pun LR 580; Inder Yash v Manjeet Kaur, 1980 HLR 251; Parbai
Ram v Thopli, AIR 1996 HP 20.
32
Chitralekha Kunju v Shiba Kunju, 1998 (1) BomCR 710.
27
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22. Also, In a suit for restitution of conjugal rights if the existence of marriage is disputed, it
is for the petitioner to prove that there was a valid marriage and where the petitioner
could not substantiate or prove a valid marriage in light of complete denial of a marriage
ever taken place, no petition for restitution of conjugal rights can be entertained by the
court.33 When the marriage is not one under the Hindu Marriage Act, Sec 934 of the act,
has no application.35
23. Therefore, as there was no valid marriage between Mohan and Fatima due to which the
decree of restitution should not be granted to Mohan as it is an essential ingredient for the
restitution of conjugal rights.
33
Page 6
PRAYER
Wherefore, in light of the facts stated, issues raised, authorities cited and arguments
advanced, Honble Family Court of Guntur may be pleased to adjudge & declare that:
1. Mohans Conversion to Hinduism is valid.
2. Fatimas Conversion to Hinduism is invalid
3. The Hindu form of Marriage is invalid.
4. The Muslim form of Marriage is invalid.
5. Restitution Of Conjugal Rights shall not be granted to Mohan
AND
Pass any other order that it may deem fit in the interest of justice, equity & good conscience.
For this act of kindness, the Defendant shall duty bound forever pray.
On behalf of
FATIMA
Counsels for the Defendant
Sd/
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