MOOT PROBLEM
Sunita and Mahesh (a Major in Indian Army), both resident of Jalandhar, belonging to Ravidasia
community of Punjab, who are Hindus by religion, got married in 2007 in Anand Karaj form of
marriage, which is the marriage ceremony of Sikhs. The couple got their marriage registered as
per the provisions of the Hindu Marriage Act, 1955 and in effect a marriage certificate was
issued by the authorities. Out of this wedlock two children were born in the year 2008 and 2011
respectively. In 2008, after taking retirement from Indian Army, Mahesh went to England for
higher studies and stayed there for two years. Then in April 2010, he moved to Canada and called
his wife to join him along with their first child. In January 2011, their second child was born in
Canada. In February 2011, he went to New York. Thereafter he asked Sunita to go back to India.
In March 2011, Sunita along with her children came back to Punjab (India). After moving to
New York, Mahesh severed all his contacts with Sunita. He has developed an extra marital affair
with a lady named Elizabeth Prescott. In January 2012, Sunita wrote a letter to Mahesh
expressing her willingness to join Mahesh in New York. Mahesh in reply wrote to Sunita that she
should not come to New York, as he was interested in getting their marriage dissolved. In April
2012, he filed a petition for divorce in Trial Court of New York on the ground that his marriage
has irretrievably broken down. Sunita could not contest these proceedings, she having no means
to go to New York. Meanwhile in July 2012, the Trail Court of New York granted a divorce
decree in favour of Mahesh. Further, the court ordered that the husband would pay to the wife
and children an amount of Rs. 50,000 per month for their maintenance. Since Mahesh failed to
pay maintenance to wife and children, Sunita approached the Trial Court of New York through a
letter and prayed that she be provided legal aid. Thereafter, proceedings were initiated and
warrants of arrest were issued against Mahesh. She further said that the ex parte decree of
divorce obtained by the husband was not binding on her and was illegal and that she continues to
be the wife of Mahesh. She further asserted that as per the provisions of Hindi Marriage Act,
1956, the grounds of divorce (on the basis of adultery, cruelty and desertion) under Section 13 of
the Act are available to the wife under the given set of circumstances. In fact, she is the actual
victim, who was being further victimized by the order of the New York, Trial Court. In April
2013, Sunita filed a petition under Section 9of the Hindu Marriage Act, 1955 for Restitution Of
Conjugal Rights in the District Court, Jalandhar, Mahesh appeared in the court and filed an
application for dismissal of petition. He did not file any written statement and he referred to the
decree of divorce granted by the Trial Court of New York and said that despite of notice, Sunita
did not consent the same and by not raising any objection she is deemed to have accepted the
jurisdiction of Foreign Court in trying the petition and thus making the decree nisi-absolute by
the Foreign Court and is thus estopped from filing the present petition (Under Section 11 read
with Section 151 of Code of Civil Procedure, 1908). The case is pending for adjudication in
District Court, Jalandhar. Prepare memorial accordingly.
Legal Issues*
1. Whether the marriage of Sunita and Mahesh is valid as per the provisions of The Hindu
Marriage Act, 1955?
2. Whether non-contest by wife of divorce petition filed by the husband in a Foreign Court
implied that she had conceded to the jurisdiction of the Foreign Court?
3. Whether the principle of Res-Judicata under Section 11 of Code of Civil Procedure, 1908 is
applicable to the proceedings being initiated in District Court, Jalandhar?
Statutes to be referred
1. The Code of Civil Procedure, 1908
2. Hindu Marriage Act, 1955
3. Constitution of India
GUIDELINES FOR MAKING MEMORIAL:
1. Teams with EVEN number will be from the Petitioner’s side.
2. Teams with ODD number will be from the Respondent’s side.
3. Font style will be Times New Roman.
4. Font size for headings will be 14, for body it will be 12.
5. Font size for footnotes will be 10.
6. Citation method will be BLUE BOOK RULE 20th EDITION.
7. Write your name and roll number on the first page.
