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Case Analysis

This case summary provides details of a custody dispute between Raj Malhotra and Shivani Malhotra over their two children, Rohan and Muskaan. [1] Raj took the children from London to New Delhi without permission from the court, which had previously granted custody to Shivani. [2] Shivani argues that Raj intended to keep the children in India permanently in violation of the court order. [3] The strongest case theory is that Raj used his father's illness as an excuse to remove the children from UK jurisdiction without concern for their mother or the court.

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Shreya Singh
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752 views3 pages

Case Analysis

This case summary provides details of a custody dispute between Raj Malhotra and Shivani Malhotra over their two children, Rohan and Muskaan. [1] Raj took the children from London to New Delhi without permission from the court, which had previously granted custody to Shivani. [2] Shivani argues that Raj intended to keep the children in India permanently in violation of the court order. [3] The strongest case theory is that Raj used his father's illness as an excuse to remove the children from UK jurisdiction without concern for their mother or the court.

Uploaded by

Shreya Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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LL.B.

V Term, Faculty of Law, University of Delhi LB-501:


Moot Court, Mock Trial and Internship

CASE ANALYSIS
Raj Malhotra V. Shivani Malhotra

Name of the centre: LC II


Name- Shreya Singh
Section- F
Class Roll No.- 202197
Examination Roll NO.-
20311806824

Clients, Objectives, or Concerns(immediate /long term):

1. Brief Facts
Miss Shivani Malhotra is a British citizen who is Gujrati by origin who was once married to Raj
Malhotra, who is a Indian citizen and Punjabi by roots, working in London, the two had child
out of wedlock , Rohan 8 years and Muskaan 6 years, the marriage between them was
solemnised between them as hindu rituals. They had issue with compatibly since the beginning
of the marriage but after the birth of two children they had frequent clashes between which led to
divorce by mutual consent.
As for the custody of children it was decided that minor child custody will be givento their mother
where Raj Malhotra having temporary custody on weekends and in case of seeking children out of
London, the petitioner have to take permission from London Court. But on one occasion petitioner
took the children out of London to New Delhi as his father was sick and hospitalised and leave
London with intention not to return as he believe that Shivani relation with one of his colleagues
would affect child mentality, the petitioner has learnt that the Respondent had then moved the
London Court complaining of the violation of the courts decree by petitioner.
2. Possible case theories
• Mr. Raj Malhotra had intention from the beginning to take children away from their mother
without notifying the court and their legal guardian their mother.

• On normal terms if the children are taken away to just meet their grandfather as he was sick, he
should not have children admitted to the school, it shows that he want children to settle down
in India, he lied in course of action to take children away and also violating the decree of court
of London as in terms of unlawful taking and restraining children outside united kingdom.

• The petitioner Mr. Malhotra on his own accord assume that the relation ofrespondent with Mr.
Ajay khanna will have adverse affect on children without looking for their opinion or
discussing with their mother and court.

3. Which among them is the most persuasive theory story in your opinion?
Give Reason:
- In my opinion, Mr. Malhotra used her father as an excuse to take children away from London
with intent to never returning back as on his own accord thinking it would be morally
affecting children to be with their mother and he can take better care and the court
decision was not satisfactory for him that the child custody should be with mother and took
them away without the notice of their Guardian and court.

4. Good Fact: (which facts go in your favour?)


• The child custody was given to mother by the court of United Kingdom as court think it would
be fit for the mother to look after them

• The children were minor specially the girl who is in tender age and need her mother.
• Both the children are very close to each other it would be not fare to separatethem after
facing trauma of their parents’ divorce.

• The mother took extra care to introduce his friend Mr. Ajay khanna to childrenand made
sure they are comfortable with him.

• Both the children and Ajay Khanna were fond of each other
• Mr. Raj took the children away without notifying court and their mother MissShivani
Malhotra.

• He lied that his father is sick and took away children from London on this excuse
• He didn’t make sure to know the opinion what their children wants and didn’t care to discuss
the matter to Miss Shivani regarding children.

• He on his own accord decided that what would be the best for children and decided never
return their children to their home United Kingdom without concerning court and authorities.

• Not considerate enough in case if in such a tender taking children away from mother and will
insecure in a new environment like Delhi.

5. Bad Fact: (which go against you)


• As a single parent she might not be able to give them much time as she have towork.
• The children is at tender age and might have missed their father and long for thelove of both
of his parents .

• As in Delhi their grandparents are there for them and children enjoy time with them but in
London they only get their mother company.

6. What are you going to say to counter your bad fact ?


• Shivani is responsible mother and trying her best to fulfill the need of children.
• Both the children were brought up and raised in London and adapted to its environment it
would be unfair from them to shift places.

• Miss Shivani tried her best that children should be comfortable and fond of Mr.Ajay Khanna
and get his affection.

• The children are at tender age and need their mother the most.

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