MOOT COURT PROBLEM
(FOR ICA)
Mahatma Janta Republic Trust …... Petitioner
v.
UOI and Others …... Respondent
Janette Mehra, daughter of highly influential businessman Raymon Mehra, is married to Daniel
Bakshi a Business Development Executive working with a multi-national US Based IT Firm,
XYZ Ltd., situated in Bangalore. Janette is a Fashion Designer who met Daniel at Park Oberoi
Hotel in Bangalore on 27th June 2017, wherein she had arrived to attend Raymond’s Fashion
week contest. Jenette’s school friend Neeta Mehta was taking part in the said competition and
was accompanied along by her Fiancé Nakul Saksena who happened to be a Software Engineer
and colleague, also a very good friend of Daniel. Janette and Daniel had formal chats and drinks
together that evening along with Neeta and Nakul and exchanged numbers, after which the
preceding day Jenette flew back to Mumbai, her home town.
Part of Daniel’s job required him to travel across and beyond the country for the expansion of
the business of the XYZ Ltd., and his frequent visits were destined to Mumbai time and again.
Janette and Daniel were seeing each other ever since the event night of 27th June 2017 and with
due time became very good friends. Eventually on 16th November 2018 Janette and Daniel
exchanged rings and their marriage was solemnized according to the customary laws. By now
Daniel had moved to Mumbai and was working with Jackson & Jackson sons. On 10 th
December 2019, Janette and Daniel were blessed with a baby boy who they named Noah.
Janette and Daniel were happily enjoying their marital bliss until on 16th February 2020. Janette
discovered that Daniel had flew 15 times last year to Bangalore, which on being inquired was
not part of any of the business trips scheduled on behalf of Jackson & Jackson sons. On being
Confronted Daniel revealed that he had a long-time girlfriend Rubiya Malik working in XYZ
Ltd., who he married to last year on 12th march 2019. On discovering this Janette lost her
control and that same night was immediately taken to Birla Hospital wherein doctors clarified
that Janette has suffered traumatic shock which resulted into low heart rate and was hit by a
heart attack. With the due care and best medical assistance, Janette recovered and was
discharged from hospital after 20 long days.
On 25th April 2020 Janette filed Petition in Family Court, Bandra seeking the relief to declare
the second marriage of Daniel as Void. The Counsels appearing for Daniel presented
Conversion certificate before the Court and prayed to Court to dismiss the Petition and declare
the marriage between Daniel and Rubiya malik as legal as Daniel was now a converted Muslim
and was governed under the Sharia laws that gave him the right to second marriage. The Family
Court Bandra, after considering the facts and the evidences produced passed order in the favour
of the Respondent thereby rejecting the petition of Janette. Aggrieved by the order of the lower
court, Janette’s father hired top most lawyers of Bombay and filed an appeal before the Bombay
High Court on the ground that mere Conversion is not a valid ground for Dissolution of
Marriage under the Hindu laws. After hearing arguments of both sides High Court of Bombay
passed judgement in favour of the appellant and issued directions to set aside the order of the
trial court.
Hon’ble High Court further observed that “While Muslims are permitted to marry many times
in India, a Hindu or a Christian will face prosecution for doing the same”. Court observed that,
“equal laws in the areas of marriage, inheritance, family, and land are required, time and again
the apex courts, in its few landmark judgments, has expanded the meaning of ‘right to life and
personal liberty’”. In addition, “the court recommended that a uniform civil code be
established. It will provide equal status to its citizens irrespective of their religion, class, caste,
gender, etc., Judiciary will also be better off with lesser litigation originating from religious
customs and personal laws. The nation can also focus on more important issues such as
economy, quality of life of its citizens, and politics of development”.
Meanwhile there was a political turmoil throughout the Country of India. Various religious
organizations started large scale mobilization against the idea of Uniform Civil Code. In this
background, petitions were filled by various associations and individuals before the Hon’ble
Supreme Court challenging the constitutional validity of the Uniform Civil Code. Mahatma
Janta Republic Trust is one of the petitioner working for the protection of the interest of
minority communities in India, a Petition is filed by them challenging the constitutional
validity of the Uniform Civil Code and to set aside the Order passed by the Hon’ble High
Court.
This petition is posted for final arguments and for disposal on 9th June, 2022.
Note: The students have to frame the issues and make submissions by referring to
Constitution Laws, Succession laws, Family Laws along with the Proposed
Amendment/s/Amendments made to it from time to time.
