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Subject: Moot Court and Practical Training

Topic: Moot Problem (Civil)

B.A.LL.B-Xth sem

Subject Teacher: Akhlaqul Azam

Moot Problem-I

Aslam and Shaqueena were married according to Muslim Rituals on 15th May 2012. Two years
after Marriage Aslam left the house and left the city. He neither returned to his wife nor tried to
contact her. The wife made her all attempt to know about her husband but all attempts were
failed. In June 2016 she married to her neighbor Ahmad. Five months after marriage in
November, 2016 her first husband returned home and found her wife married to another person.
He filed suit for restitution of conjugal right in Family Court of Behrampore. Argue for both
husband and wife.

Moot Problem-II

Sonam and Rakesh were married in 2001 and were residing at Murshidabad, West Bengal.
However after few years their relationship got strained and were regularly quarrelling over
frivolous issues. One Day, Sonam left her matrimonial house with her eldest daughter Sweety
and started living with her father Gopalakrishna at Behrampore, West Bengal. Rakesh kept his
younger daughter, Pinky with his sister, Deepa and prevented Sonam from seeing the child.
During a noon Sonam came to Deepa's house and forcefully took Pinky with her. Rakesh on
hearing this reached Gopal Krishna's house and quarreled. After two days of the incident, Rakesh
and Gopalkrishna happened to meet at a market place and started to quarrel and grappled with
each other. Both fell down. In the heat of passion thus generated Gopalakrishna slapped Rakesh
saying he would kill him. Rakesh in fit of rage took a stick lying nearby and gave a blow to the
stomach of Gopalakrishna. Gopalakrishna who was suffering from diseased spleen fell down
instantly. Before dying Gopalkrishna gave his Dying Declaration regarding the fight and the
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knowledge of Rakesh about the enlarged spleen. Murshidabad police arrested Rakesh and filed
charge sheet. Evidence was led by prosecution in the sessions Court and during trial an
eyewitness stated that it was Gopalakrishna who slapped Rakesh and started the fight. Trial
Court relying on Dying Declaration of Gopalakrishna convicted Rakesh for commission of
murder and sentenced him for life imprisonment. Rakesh challenged the conviction by filing a
Criminal Appeal, before the High Court of Calcutta. High Court upheld the decision of Trial
Court. Rakesh Preferred an appeal before SC by way of Special Leave Petition. Argue on behalf
of Appellant and Respondent.

Moot Problem-III

Mohan, a Hindu, married with Deepika, a Hindu by religion on 15th June 2008, as per Hindu
rituals. They resided happily together for 3years. Thereafter Mohan got news that his wife has
converted to another religion as she was seen at worship place of that other religion. In the mean
time his wife was never seen performing religious rites of Hinduism. Thereafter Mohan have
applied for divorce U/Sec.13 of Hindu Marriage Act, alleging the conversion of religion by his
wife. The wife contested the petition of husband on ground that she has not converted to any
religion rather she was showing respect to other religion.
Argue for both husband and wife.

Moot Problem-IV

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
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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 subsequently a suicide note was found dated 9
november 2010. The mother-in-law and husband were arrested and sent to judicial custody.
The Trial Court found them guilty of dowry death and sentenced them to life imprisonment and
the same was approved by High Court in appeal. The Mother and Husband preferred appeal
before Supreme Court by way of SLP. Argue

Moot Problem-V

An old man Ramaiah aged about 68 years was suffering with Causinoma disease, a kind of
mental disorder. He earned lot of properties both moveable and immovable with the assets of his
own as well as with the income of his father. Among those properties one Behrampore building
was earn with his own earning which worth 25,00,000. He had one son by name Praveen and one
daughter by name Prasanti. His only daughter looked after him. So, Ramaiah executed a will
with regard to that building in favour of his daughter Prasanti, on 12-08-06 and he is died on 9-2-
2007. As per the will Prasanti tries to take possession of that building, but Praveen objected to do
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that act. Prasanti try to tell him. But Praveen was not convinced. Hence Praveen filed a suit
challenging the validity of will on ground of mental illness of Testator. The matter is enlisted
before Family Court, Behrampore. Both the parties are hindu. Argue for both parties