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Adv. Vaishali Karloopia (lawyer)     17 April 2013

Moot problem

Please help me in this moot problem. My question to experts whether appeal is maintainable in this case. Please suggest reasons.



Learning

 7 Replies

Adv. Vaishali Karloopia (lawyer)     17 April 2013

MOOT PROBLEM IS BELOW

 

Santosh Sharma    V.  Sarita Sharma

The appellant husband, Santosh Sharma, has been unsuccessfully fighting litigation for the past more than 12 years for breaking his marital ties with the respondent wife, Sarita Sharma. The appellant is double doctorate holder…one in Physics from Delhi University and another from France, and has been working in France during the relevant period. The respondent is a post-graduate in Sociology and was working as a lecturer in the year 1990. The appellant came to India in 1990 and gave advertisement in the newspaper seeking matrimonial alliance from a suitable bride. The relatives of the respondent responded to the advertisement and there was mutual consultation between the parties, which led to the marriage of appellant with the respondent on 30.9.1990. After the marriage, the appellant and respondent stayed together for some period and thereafter, the appellant left India for France.

The respondent was asked to join him after having obtained the visa and completing other formalities. The respondent, after a period of six months, joined the appellant in France. It appears that the marital life of the appellant and the respondent ran into rough weather from the very beginning of their stay in France. There used to be occassional quarrel between the parties. A daughter, Sandhya, was born to them on 10.6.1992. On 22nd June 1993, the appellant, respondent and their daughter Sandhya came to India, but the appellant returned to France on 30th December 1993 itself and the respondent joined him only on 10th may 1994. In february 1995, the respondent along with her daughter returned to India and misunderstandings between the parties deepened and ultimately the appellant filed application for divorce on 27th January, 1997 under section 13 of Hindu Marriage Act 1955 alleging that after the solemnization of their marriage, the respondent treated the appellant with cruelty.

The appellant alleged that the respondent entered into marriage with the appellant because of the persuasion of her sisters and brother and the respondent was not taking any interest or co-operating to have a happy married life. The applellant allleged that the respondent joined him in the France after a period of six months unwillingly, in March 1991 and the right from the beginning of her life in France, she picked up quarrel with the appellant and created scenes on many occassions. The appellant alleged that it was known to the Indian community, mainly to the people of Delhi, who had settle down in and around the area where the appellant was residing, that the respondent was not having a good relationship with the appellant.  He also alleged that the respondent was not doing any household work and the appellant had to do all work himself with his brother Ravi, who was staying with him, was helping him. The appellant alleged that the respondent used to insult the appellant in the presence of his friends and guests and that the respondent was taking no interest in sharing bed with the appellant and this caused mental and physical agony to the appellant.

The respondent had denied all these allegations made by the appellant in the petition and she also made counter-allegations. But it is pertinent to not that the respondent has no case that they were having a happy married life and the attempt of the respondent was to put the blame at the doorstep of the appellant. She stated that the appellant had no interest to live with the respondent and was all time attending parties, watching TV and playing cards and the respondent was completely neglected by the appellant. The respondent also stated that she was not given proper medical aid when she was in labour pain and had to give pre-mature birth to the baby without any medical assistance,

The respondent contested the proceedings and denied all the allegations made by the appellant in the petition and also made counter-allegations alleging that the appellant was responsible for wrecking the marriage the marriage. Parties on either side examined witnesses to substantiate their allegations. The learned Family Court Judge on 28th September, 1999 after assessing the rival contentions and evidence adduced by the parties came to the conclusion that the respondent had treated the appellant with mental cruelty and, therefore, the appellant was entitled to get a decree for dissolution of marriage. This was challenged by the respondent before the Hon’ble High Court of Delhi on 29th October 1999 and the Division Bench of the High Court vide judgement dated 6th June 2003 reversed the decision of the Family Court holding that the appellant was at fault and he had been trying to take advantage of his own wrongs, hence, he was not entitled to get a decree in his favour in view of section 23(1) (a) of the Hindu Marriage Act.

 On 1st July 2003 the judgement of the Dvision Bench was challenged begore the Hon’ble Supreme Court of India

Argue the case on the behalf of the Appellant and Respondent before the Hon’ble Supreme Court of India.

Radhika   30 November 2017

Hello. Have you prepared the memorial as well as the arguments on behalf of both the parties? Can we please mail it to me. My id is aroraradhika104@gmail.com. Thank you so much

Radhika   30 November 2017

Hello. Have you prepared the memorial as well as the arguments on behalf of both the partieplease mail it to me. My id is aroraradhika104@gmail.com. Thank you so much

Radhika   30 November 2017

Hello. Have you prepared the memorial as well as the arguments on behalf of both the partie. Can you please mail it to me. My id is aroraradhika104@gmail.com. Thank you so much

(Guest)

You chew the brains of your lecturer/professor/assistant professor who is shamelessly eating tax payers money without doing any work and asking you to go find solutions and scratch your bum.

These things ought to be discussed with your great useless lectuerer who posed you this problem.

Go discuss with him or her.  Socondrels like these are the worms who are not allowing this nation to prosper.

Diksha Khanna   14 February 2022

Ma’am please mail the memorial as well as arguments for this problem. dikshakhanna86317@gmail.com

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 February 2022

The daughter must now be a 30 year old mature woman. Where is she now? Whom is she siding with, her father or her mother? What are her educational qualification?  Is she married? Has she got a happy married life? What does she think of her father and mother? Is she a citizen of France?


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