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Adv. Vaishali Karloopia (lawyer)     16 February 2012

Please help me with moot court problem

CAN SOMEONE PLEASE HELP ME WITH THIS MOOT COURT PROBLEM.

 

MOOT COURT PROBLEM

RADHIKA VASUDEV AGED 22 YEARS FROM COLLEGE OF ARCHITECTURE, JAMMU WAS THE TOPPER IN THE COLLEGE AND WORKED WITH ACCLAIMED ARCHITECTS OF THE COUNTRY. SHE BECAME CLOSE TO FRIEND AND SENIOR VIKRAM BURMAN WHO WAS ALSO A GOOD STUDENT. BOTH OF THEM WERE SEEN TOGETHER A LOT IN AND OUTSIDE COLLEGE. THEIR COMMON FRIENDS WERE SURPRISED. VIKRAM WAS FROM A LUXURIOUS LIFESTYLE WHILE RADHIKA WAS A SOMBRE GIRL FROM A MIDDLE CLASS BACKGROUND. THEY DECIDED TO GET MARRIED WHEN RADHIKA COMPLETED HER COURSE. ON 9TH NOVEMBER 2004, THEY GOT MARRIED AND RADHIKA MOVED INTO MATRIMONIAL HOME WHERE VIKRAM’S PARENTS, SISTER AND GRANS MOTHER WERE STAYING THEREIN.

AS SHE STARTED HER CAREER SHE BECAME CLOSE TO HER SISTER-IN-LAW AND HAD SOME ISSUES WITH HER IN-LAWS BUT WERE SETTLED AMICABLY. THE PRACTICE OF VIKRAM DID NOT GO AS EXPECTED AND MOREVER HE WANTED TO MAINTAIN A HIGH LIFE STYLE WHICH LED TO FINANCIAL CRISES. A BABY WAS BORN ON 11TH DECEMBER 2006 AND THE PRETEXT OF POOR PRACTICE, VIKRAM BEGAN TO BORROW MONEY FROM FRIENDS AND RELATIVES. HE THEREFORE TOOK A LOAN OF 5 LAKHS FROM RADHIKA’S PARENTS BUT REFUSED TO RETURN  LATER SAYING THEAT THE MONEY WAS FOR THEIR DAUGHTER ONLY. ALL THIS LED TO DETERIORATION OF MARRIED RELATION AND AT TIMES HE USE TO BEAT HER, WHEN DRUNK. VIKRAM USE TO BLAME RADHIKA BEING FROM A FAMILY OF BEGGARS AND THE CONSQUENCE OF WHICH SHE ONCE TRIED TO SLIT HER WRISTS AND END HER LIFE BUT WAS SAVED BY HER SISTER-IN-LAW. THIS INCIDENT LEFT A DEEP IMPRESSION ON THE FAMILY AND FAMILY PHYSICIAN PRESCRIBED MEDICINES AND ADVISED HER TO CONSULT A PHYCHIATRIST.

LATER ON 13TH APRIL 2010, A BABY BOY WAS BORN AND EVEN THEN FAMILY WAS IN A FINANCIAL MESS. MONEY LENDERS USED TO THREATEN VIKRAM, AND HE VENTED HIS FRUSTRATION ON RADHIKA. SHE STARTED SUFFERING FROM DEPRESSION AND MOOD SWINGS. ON 4TH JANUARY, 2011, NEIGHBOURS SAW RUNNING RADHIKA RUNNING OUT WITH HER SAREE ON FIRE AND HER MOTHER-IN-LAW CHASING HER SHOUTING SHE WAS OUT OF HER MIND TO DO SOMETHING LIKE THIS. SHE FINALLY COLLAPSED ON THE ROAD AND WAS TAKEN TO HOSPITAL. IT WAS REPORTED THAT SHE HAD 88% BURNS ON HER BODY AND WAS DECLARED TO BE UNFIT FOR STATEMENT RECORDING. ON 6 JANUARY 2011 ON BRIEF IMPROVEMENT IN HER CONDITION, THE POLICE WAS CALLED AND HER DYING DECLARATION WAS RECORDED BY MOHAN LAL, SUB-INSPECTOR AT 11:00 AM. SHE ACCUSED HER MOTHER-IN-LAW AND HUSBAND OF SETTING HER ON FIRE AND AT 12:30 SHE DIED. ON 6TH ITSELF THE BODY WAS SENT FOR POST-MORTEM AND HOUSE WAS SEARCHED AND SUBSQUENTLY A SUICIDE NOT WAS FOUND DATED 9 NOVEMBER 2010.

THE MOTHER-IN-LAW AND HUSBAND WERE ARRESTED AND SENT TO JUDICIAL CUSTODY AND WERE CHARGED UNDER 302, 304, 498(A) READ WITH 34 OF IPC.

PLEASE HELP ME AS TO 

1. HOW TO MAKE ARGUMENTS?

2. WHAT ISSUES TO BE FRAMED?

3.  WHAT WILL BE THE STATEMENT OF JURISDICTION?

EXPERTS PLEASE REPLY EARLY 



Learning

 5 Replies

kritika   30 August 2016

Whether the loan taken by the respondnnt from deceased parents amounts to demnad to dowry or not?

kritika   30 August 2016

Whether the husband and his family demanded any dowry from radhika's parents or not?
1 Like

kritika   30 August 2016

Whether the husband and his family demanded any dowry from radhika's parents or not?

marshal paul   21 July 2017

which  is the real case

marshal paul   21 July 2017

Originally posted by : Adv. Vaishali Karloopia

CAN SOMEONE PLEASE HELP ME WITH THIS MOOT COURT PROBLEM.

 

MOOT COURT PROBLEM

RADHIKA VASUDEV AGED 22 YEARS FROM COLLEGE OF ARCHITECTURE, JAMMU WAS THE TOPPER IN THE COLLEGE AND WORKED WITH ACCLAIMED ARCHITECTS OF THE COUNTRY. SHE BECAME CLOSE TO FRIEND AND SENIOR VIKRAM BURMAN WHO WAS ALSO A GOOD STUDENT. BOTH OF THEM WERE SEEN TOGETHER A LOT IN AND OUTSIDE COLLEGE. THEIR COMMON FRIENDS WERE SURPRISED. VIKRAM WAS FROM A LUXURIOUS LIFESTYLE WHILE RADHIKA WAS A SOMBRE GIRL FROM A MIDDLE CLASS BACKGROUND. THEY DECIDED TO GET MARRIED WHEN RADHIKA COMPLETED HER COURSE. ON 9TH NOVEMBER 2004, THEY GOT MARRIED AND RADHIKA MOVED INTO MATRIMONIAL HOME WHERE VIKRAM’S PARENTS, SISTER AND GRANS MOTHER WERE STAYING THEREIN.

AS SHE STARTED HER CAREER SHE BECAME CLOSE TO HER SISTER-IN-LAW AND HAD SOME ISSUES WITH HER IN-LAWS BUT WERE SETTLED AMICABLY. THE PRACTICE OF VIKRAM DID NOT GO AS EXPECTED AND MOREVER HE WANTED TO MAINTAIN A HIGH LIFE STYLE WHICH LED TO FINANCIAL CRISES. A BABY WAS BORN ON 11TH DECEMBER 2006 AND THE PRETEXT OF POOR PRACTICE, VIKRAM BEGAN TO BORROW MONEY FROM FRIENDS AND RELATIVES. HE THEREFORE TOOK A LOAN OF 5 LAKHS FROM RADHIKA’S PARENTS BUT REFUSED TO RETURN  LATER SAYING THEAT THE MONEY WAS FOR THEIR DAUGHTER ONLY. ALL THIS LED TO DETERIORATION OF MARRIED RELATION AND AT TIMES HE USE TO BEAT HER, WHEN DRUNK. VIKRAM USE TO BLAME RADHIKA BEING FROM A FAMILY OF BEGGARS AND THE CONSQUENCE OF WHICH SHE ONCE TRIED TO SLIT HER WRISTS AND END HER LIFE BUT WAS SAVED BY HER SISTER-IN-LAW. THIS INCIDENT LEFT A DEEP IMPRESSION ON THE FAMILY AND FAMILY PHYSICIAN PRESCRIBED MEDICINES AND ADVISED HER TO CONSULT A PHYCHIATRIST.

LATER ON 13TH APRIL 2010, A BABY BOY WAS BORN AND EVEN THEN FAMILY WAS IN A FINANCIAL MESS. MONEY LENDERS USED TO THREATEN VIKRAM, AND HE VENTED HIS FRUSTRATION ON RADHIKA. SHE STARTED SUFFERING FROM DEPRESSION AND MOOD SWINGS. ON 4TH JANUARY, 2011, NEIGHBOURS SAW RUNNING RADHIKA RUNNING OUT WITH HER SAREE ON FIRE AND HER MOTHER-IN-LAW CHASING HER SHOUTING SHE WAS OUT OF HER MIND TO DO SOMETHING LIKE THIS. SHE FINALLY COLLAPSED ON THE ROAD AND WAS TAKEN TO HOSPITAL. IT WAS REPORTED THAT SHE HAD 88% BURNS ON HER BODY AND WAS DECLARED TO BE UNFIT FOR STATEMENT RECORDING. ON 6 JANUARY 2011 ON BRIEF IMPROVEMENT IN HER CONDITION, THE POLICE WAS CALLED AND HER DYING DECLARATION WAS RECORDED BY MOHAN LAL, SUB-INSPECTOR AT 11:00 AM. SHE ACCUSED HER MOTHER-IN-LAW AND HUSBAND OF SETTING HER ON FIRE AND AT 12:30 SHE DIED. ON 6TH ITSELF THE BODY WAS SENT FOR POST-MORTEM AND HOUSE WAS SEARCHED AND SUBSQUENTLY A SUICIDE NOT WAS FOUND DATED 9 NOVEMBER 2010.

THE MOTHER-IN-LAW AND HUSBAND WERE ARRESTED AND SENT TO JUDICIAL CUSTODY AND WERE CHARGED UNDER 302, 304, 498(A) READ WITH 34 OF IPC.

PLEASE HELP ME AS TO 

1. HOW TO MAKE ARGUMENTS?

2. WHAT ISSUES TO BE FRAMED?

3.  WHAT WILL BE THE STATEMENT OF JURISDICTION?

EXPERTS PLEASE REPLY EARLY 

 




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