FRESHERS’ MOOT COURT COMPETITION

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

MOOT PROBLEM

1. Saurav, resident of District Allahbad, was running a business of Tent House. His job was hectic
with a moderate earning. He was engaged to Rajni, resident of Bombay. According to Hindu
rituals, Saurav got married to Rajni on May 21, 2010 at Patna. Rajni was a graduate and
remained as housewife. They started living in Allahbad with Rampal and Ganga who are father
and mother of Saurav. The house in which they were living belonged to Rampal. Rajni was
blessed with a daughter named Khushee after one and a half years.
2. In February, 2014, younger married daughter of Rampal named Radha left her husband’s house
due to his illicit relations with another woman. She started living with her parents in the same
house. Due to marital problems of Radha, her elder sister Rekha started making frequent visits
there with the motive to pursue her to reconcile her relations with her husband. Rajni was not
comfortable with Radha which resulted in daily house fights.
3. On August 12, 2014, a complaint was made in the Police Station by Rajni against Radha, Rekha,
and parents for domestic violence caused to her by them. They were called to Police Station and
interrogated. For this act of Rajni, she was scolded by her parents, Saurav and other family
members. They opined that such acts have brought disrepute to the family and also will have
impact on the future of the daughter.
4. In the meantime, Radha’s husband came to meet her and felt sorry and guilty for his acts. He
requested her to accompany him to his house and promised not to repeat such activities. Ganga
managed to satisfy her daughter and suggested Radha to give a chance to her husband to
discipline his married life. Radha had heated arguments with her husband and blamed her
husband for making her life hell. But later on, she left house with her husband.
5. Two days later, Radha’s husband had heart attack and got hospitalized. Saurav suggested his
wife to meet Radha and console her. She refused to do so, hence Saurav had arguments with
her. Rajni felt offended and made a complaint for domestic violence against family members
including Radha for abetting family members against her. This time Saurav was also made a
party to the act of domestic violence. Again, Saurav along with parents and sisters were called

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 to the Police Station where Rajni threatened them of dire consequences. Aggrieved by such acts
of Rajni, her father-in-law requested her to withdraw complaints against them. She agreed to
withdraw her complaints against all of them on the promise that they will not stay in this house.
6. Parents left house and started living in their native village. Rajni withdrew her complaint.
Saurav was not happy but for the future of his daughter he accepted such compromise. Few
days later, Rampal visited his house to meet his granddaughter. Rajni refused his entry in house.
One day, when Saurav reached home, his wife scolded him for frequent late comings. He made
excuse of problems in his business. This was followed by everyday arguments and abusive
language. Rajni filed complaint against him for domestic violence.
7. Saurav was frustrated of visiting time and again to Police Station and left house in January,
2017. He joined a company doing same business in Patna. His earnings increased. When this
fact came to the knowledge of Rampal, he went to visit his grand-daughter. This time after
insisting he was allowed to meet Khushee. He enquired about her school activities, gave her
school fees and other expenses to his daughter-in-law.
8. About three months later, Saurav came back to his house, but he was neither allowed to enter
his house nor to meet his daughter. Many times he endeavoured to meet his daughter but Rajni
did not allow him to do so. He is regularly paying maintenance and all expenses to his wife and
daughter through his father.

Issues:
1. Saurav has filed case for divorce on the grounds of cruelty and desertion in Family Court at
Patna.
Argue on behalf of Saurav/Rajni. There is only one issue however students are free to form
issues on jurisdiction/ maintainability of the suit/petition if they deem fit.