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chethan (student)     28 February 2012

Moot court

Md. Yusuf, a deceased Muslim was working in a company as a managing director had fallen in love with Yogitha, a Hindu who was also working in the same company. Both of them had gotten married without converting their religion. First they married according to the Islam rituals that of Nikha and later married according to the Hindu rituals by performing sapthapadi. After the marriage they practiced their own individual religion and Yogitha did not change her name too. After five yrs of marriage they gave birth to a male child. Md. Yusuf had purchased 5 acres of agricultural land and a 30’X40’ residential plot from his earnings before the marriage, parents were in possession of the same property and continue to posses. After the marriage Yogitha quit the job and became a house wife. All these things were not liked by the parents of Yusuf and they were living separately. After few days Yusuf died because of illness and without making any will. Yogitha claimed succession to his property to herself and on behalf of the minor child. But the parents of the deceased refused to give a share as they disputed the validity of the marriage with Yusuf and child as illegitimate. As a last resort a case was filed before the trial court by Yogitha before which she pleaded that she was into a “live in relationship with her deceased partner and she also pleaded that they lived like a husband and wife. The trial court dismissed the suit. Appeal filed before the High Court by Yogitha. High Court rejected her succession plea. Against the decision of the High Court Yogitha filed an appeal before the Supreme Court of India.
Argue either for the parents of the deceased or Yogitha

plz help me to solve this s my first moot court problem with format plz



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 February 2012

Mr.Mooter, 
Here in this case - there was no marriage at all. However the court would be justified in raising the presumption of marriage on account of prolonged cohabitation. However in either case even if we take it to be a void marriage by virtue of S.16 of the HMA - children out of void marriages are entitled to a share in the property of their parents. 


(Guest)

argument for yogitha:

1] although marriage was void, the child will be treated as legitimate one.
 

2] yogitha has no source of income to support either herself or child.

 

relief claimed:

therefore the court is requested to grant the child his respective share of property.

chethan (student)     02 March 2012

thanks sir


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