BEFORE THE HON’BLE CIVIL COURT OF RANCHI

IN X

WRIT PETITION NO._____________________/2020

(UNDER ARTICLE 96 OF CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF

SHAMIM.................................................................... (THE PETITIONER)

V.

MADHUMITA........................................................................(THE RESPONDENT)

MEMORIAL FOR THE PETITIONER

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 TABLE OF CONTENT

LIST OF ABREVIATIONS ………..……………………………………………..3

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 LIST OF ABBREVIATIONS

& AND
SC SUPREME COURT
SCC SUPREME COURT CASES
ALLD ALLAHABAD
BOM BOMBAY
AIR ALL INDIA REPORTER
Ors. OTHERS
SUPP. SUPPLEMENTARY
ILR INDIAN LAW REPORT
P. PAGE
S. SECTION
v. VERSUS
LTD. LIMITED
¶ PARA

INDEX OF AUTHORITIES

CASES REFFERED
BOOKS REFFERED
 Mulla; “The Code of Civil Procedure,Vol I”;18th Edition; 2011

STATUTES AND RULES REFFERED

ARTICLES REFFERED

STATEMENT OF JURISDICTION

The Counsel on the behalf of the Plaintiff most humbly and respectfully submits to the
jurisdiction of the District Court of Delhi under Section 961of the Civil Procedure Code,
1908.

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Sec 9 of Civil Procedure Code, 1908: Courts to try all civil suits unless barred –
The Courts shall (subject to the provisions herein contained) have jurisdiction to try all Suits of a civil nature
excepting suits of which their cognizance is either expressly or impliedly barred.

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 STATEMENT OF FACTS

Madhumita was very good singer, convent educated and also very charming lady of her
locality at Hazaribag. She got married during the final year of her college by her parents with
a good private college teacher, Ajay at the same town. Madhumita was not happy with her
domestic and ordinary life style and she always very ambitious and wanted to get good name
and fame at any cost. She again started her singing career at local area and gradually
performed several stage shows and party functions across the state of Jharkhand. Later she
got many chances of her performances in several parts of India but mainly for party and
clubs. She tried to keep all the connections and consulted with one event manager, Shamim
Hossain of Ranchi. She was offered several modeling and acting assignments with the skillful

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activities of Shamim. Later Madhumita started to stay outside her home for a long times and
maximum time she was accompanied by Shamim. She was so affectionate with the
professionalism of Shamim that she decided to marry him. Shamim was from very rich
family with number of household properties at Ranchi. Finally she embraced Islam through
religious process in a local mosque of Ranchi and adopted the name Rokeya Bibi and gone
through Islamic rites and ceremonies for their marriage. Shamim gifted one house at Lalpul at
Ranchi to his newly wedded wife through one Hibanama but the couple left for Mumbai to
start their career there. Madhimuifor a long periods and their survival came into very critical
position in Mumbai. Suddenly Shamim decided to try his luck at gulf countries and one fine
night he left Madhumita and went for Dubai. First two months Shamim send some money to
her bank account but later he stopped to do so and Madhumita had no such amount to
maintain herself at the city of Mumbai.She lost all her connection and she had no jobs and
offerings. Madhumita lost all her passion and desire for glamorous world and eager to come
to Ranchi. After reaching at Ranchi she started to live at house of Lalpul at Ranchi but she
was not happy living alone. She was very angry about Shamim for his attitude towards her
and one day she went to civil court and declared that she renounced Islam and reconverted at
Hinduism. She came back to Ajay at Hazaribag, in spite of all odds Ajay accepted
Madhumita and they started to live together and this time Madumita was very clam and very
domestic. Two years later Suddenly, Shamim came back from Dubai and realized every
thing. Then he immediately filed a suit for restitution of conjugal rights against Madhumita as
Rokeya Bibi and he revoked the gift of Lalpul house at the same time one he filed one
complain case in criminal court as adultery against Ajay. After receiving notice Madhumita
filed one civil suit on gift and she also filed suit for enforcement of dower which Shamim
promised at Nikahnama.The criminal court instituted the charge of adultery against Ajay; on
the other hand the civil court ordered the cancellation of hibanama to be justified on the
ground of non fulfillment of essential condition of hiba and ordered to pay the dower amount.
Moreover, it also passed an order against the restitution of conjugal rights. The aggrieved
party filed an appeal against the above mentioned ordered in a court of competent
jurisdiction.

ISSUES RAISED

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The following questions are presented before this Hon’ble District Court in the instant matter:

1. WHETHER THE RESTITUTION OF MARRIAGE IS VALID OR NOT?

2. WHETHER THE CANCELLATION OF HIBANAMA TO BE JUSTIFIED ON THE GROUND

OF NON FULFILLMENT OF ESSENTIAL CONDITIONS?

3. WHETHER ENFORCEMENT OF DOWER WHICH SHAMIM PROMISED AT NIKAHNAMA

IS VALID OR NOT?

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 SUMMARY OF ARGUMENTS

ARGUMENTS ADVANCED

Issue 2:- WHETHER THE CANCELLATION OF HIBANAMA TO BE JUSTIFIED ON THE GROUND

OF NON FULFILLMENT OF ESSENTIAL CONDITIONS?

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 PRAYER

Wherefore, in the lights of the facts stated, issues raised, arguments advanced, and
authorities cited, this Court may be pleased to adjudge and declare that:

 The Contract is Valid and Enforceable.

“And/Or to pass any other order(s) that this Court may deem fit in the larger interest of
justice.”

ALL OF WHICH IS RESPECTFULLY SUBMITTED.

For this act of kindness, the Plaintiff shall duty bound forever pray.

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 Dated: 31st October 2019

S/d-

(Counsel for the Plaintiff)

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