Court Room Exercise

Semester V

Subject: Family Law - II

INDEX

Sl No Moot Propositions Roll Numbers Page Number

1 Proposition 1 1

2 Proposition 2 2

3 Proposition 3 3

4 Proposition 4 4

5 Proposition 5 5

6 Proposition 6 6

Session: August December, 2016

NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW, RANCHI

 Family Law - II

Moot Proposition 1

Zakir was a big businessman in Ranchi. He was also the student of B.A. Hons. at Nalanda Open
University. He used to go to attend classes on every Sundays. He was having a friend Sadaf .She
also belonged to a rich business family .Both were ready to get married after completion of the
course. But on 2/06/2014, Zakir was married to another lady Shahida under family pressure.
After expiry of six months Zakir left his home and married to her beloved Sadaf in Dumka on
March 2015.He used to stay with both the wives. On 10th October 2015 his first wife gave birth
to baby girl. This fact came to the notice of second wife and she had a fight with him. Then he
divorced Shahida the mother of his girl child. After being divorced she was devastated
emotionally. She has only support in the form of school mate Farmaan who used to console her,
this fact when came to notice of Zakir he did not like it and abused her.

Then his first wife Shahidaa filed the case against Zakir for Maintenance.

Argue in favour and against.

1
 Family Law - II

Moot Proposition 2

Bablu was a sunni Muslim boy of Mewat in Harayana. He was a milkman. He solemnized
marriage with Hina in April 2014. He became the father of one baby girl on March 2015. Both
were living happily. After two years of marriage on April 2016 he again became father of a
female child. But their family members were not happy due to two female child. The mother of
Bablu used to say that the whole fixed deposit of Bablu will be utilized in marriage expenses of
both the girls and we will never be in a position to purchase a flat. When this came to the
knowledge of Hina, she became upset and started ignoring her mother in law. Bablu instructed
to his wife to serve his mother but she ignored. After two months of this incidence one night
without informing to any one she left her in laws home and went to her home and filed a
petition before a court of competent jurisdiction for maintenance for herself and for her child.

Argue in favour and against.

2
 Family Law - II

Moot Proposition 3

Azmat was an employee in BCCL Dhanbad. He was also studying in M.A. from distance mode
in 2014. When he appeared in final exam of M.A. then he came with the contact of one student
of the same batch named Radha. After the completion of exam, they were in touch by mobile
and whatsapp. The father of Azmat arranged his marriage with one Farha. But Azmat was
reluctant to marry with Farha. But ultimately under family pressure he solemnized marriage with
Farha. After six months of this marriage, Azmat went to Delhi for certain official purpose for
one week. Azmat called to Radha there and solemnized marriage by Hindu rituals, although he
did not disclose his previous marriage. After this marriage he intimated to his concerned that he
will join his duty after fifteen instead of after one week due to sickness. During this fifteen days
Azmat pronounced triple divorce by mail to Farha.
After knowing this fact Farha challenged this divorce before the court of competent jurisdiction
and also filed petition for restitution of conjugal rights.
Argue in favour and against.

3
 Family Law - II

Moot Proposition 4

Perwez was a student of B.A. Anthropology in Central University of Jharkhand. He has a friend
named Peter D Souza. They were close to each other. After the completion of his course Perwez
was married to Fauzia on 12 March 2010. D Souza was also married to Fernandes in Ranchi on
10th March, 2010. But they still were in touch with each other. On the birthday of one common
friend named Rakesh they met each other on 2nd November 2013 and again their affection was
revived and started meeting with each other more frequently. Fauzia being more qualified was
more interested towards her professional life and she was not ready for the marriage at the time
it was performed.
After three month of the said birthday party Perwez and D Souza eloped and married each
other according to Muslim rituals in Delhi. The fact became known to their respective families as
well. Perwez used to say his family that he has come in Delhi for preparation of Civil Services for
the expenses of his wife Fauzia. Despite the fact that she was careless towards her in laws and
never bothered about her husband.
Perwezs wife Shabana filed a petition before the court of competent jurisdiction for
maintenance and Divorce.

4
 Family Law - II

Moot Proposition 5

Salman was the elder son in his family. His father was an officer in Army. Salman was a well
behaved and a cultured child. He was good in academics. So after his graduation, his father
decided to send him to Delhi for higher studies in law. He got enrolled in one of the premier
colleges in Delhi University. There he met one, Shalika, who was his classmate. Through Shalika
he met Zenith, a Christian girl, who was also in the same class. It was in the year 1990.
Three of them would spend time together, and were close friends. As the things will turn out,
Shalika and Salman decided to get married much to the chagrin of their parents. Zenith never
married. Later on, Shalika and Salman had a child born in 1992. They named it Lionel.
Zenith felt lonely and therefore decided to adopt a child. She adopted a girl-child in 2000 under
section 41 of the Juvenile Justice Act, 2000. She named her Diena.
As the destiny would have it, in 2015 Lionel and Diena got enrolled in the same college, and
their friendship grew into relationship leading to their decision to get married which was
opposed by their respective parents, given their past. But, Lionel and Diena started living
together in a rented flat. All this continued for a year. When Shalika threatened Lionel that she
would end her life if he continued to live with Diena, Lionel had no other option but leave
Diena, but by that time Diena had become pregnant. When Lionel left Dienaa, she filed a case
for maintenance both for herself and the child to be born.
Decide.

5
 Family Law - II

Moot Proposition 6

Leela was a student of government college Harinagar. She had one friend Akbar who was senior
to Leela. They solemnized the marriage on 20th November 2012 under special marriage Act in
Harinagar. Although members of the family were happy from this marriage. Leela became
mother after three years of marriage. After one month of the birth of the child Leela converted
herself to Islam. When this information reached to her family members, they started to
pressurize to Akbar. Leelas family member continued to compel to Akbar. After two months of
this, he left Harinagr and went to Burdwan. Leela did not say anything to her husband. After one
year of this incident Leela filed a petition before the court of competent jurisdiction for
restitution of conjugal rights.

Argue in favour and against.