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Final Moot Proposition

Shekhar Marathe and Vimla Marathe, both from Hindu families, completed an Executive MBA and married in 2018. After the marriage, Shekhar's family discovered that Vimla's family had misrepresented their caste status, claiming to be high caste Hindus when they were not. Shekhar has filed for annulment of the marriage based on this alleged fraud, and the case is currently before the Family Court for resolution of several legal issues.

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36 views3 pages

Final Moot Proposition

Shekhar Marathe and Vimla Marathe, both from Hindu families, completed an Executive MBA and married in 2018. After the marriage, Shekhar's family discovered that Vimla's family had misrepresented their caste status, claiming to be high caste Hindus when they were not. Shekhar has filed for annulment of the marriage based on this alleged fraud, and the case is currently before the Family Court for resolution of several legal issues.

Uploaded by

afrahshaikh2512
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MOOT PROPOSITION

(2023-24)

FACTS OF THE CASE: -

1. SHEKHAR MARATHE was born in a reputed Hindu family. The

family of Shekhar resides at Thane. Shekhar had enrolled himself for MBA

Executive programme from a reputed institute. Shekhar had completed

his course while he was employed and busy at work.

2. VIMLA MARATHE also belongs to a Hindu family. Vimla's Family

resides at Mumbai. Vimla too had enrolled her name in Executive MBA

programme from a same reputed institute same as Shekhar was.

3. SHEKHAR MARATHE and VIMLA MARATHE met in a bank where

they were attracted to each other. Later they both enrolled for same

programme i.e., Executive MBA programme from a same reputed institute

same year. Both of them were already employed and they remain extremely

busy still they successfully completed the course.

4. SHEKHAR MARATHE and VIMLA MARATHE both share good bond

with each other and their intimacy grew leaps by time. After a long time,

they decided to marry each other. SHEKHAR MARATHE and VIMLA

MARATHE informed to their families about their relationship. Soon Family

came into the picture; met each other to know each other better and fix

the marriage.

5. No sooner, SHEKHAR MARATHE and VIMLA MARATHE’s marriage

was solemnized in Thane with Hindu rites in 2018 in presence of bride and

grooms family, relative and friends. SHEKHAR MARATHE and VIMLA


MARATHE got married in year 2018 and thereafter they started

habituating in Thane which was SHEKHAR MARATHE's family house.

6. Later, family of groom SHEKHAR MARATHE found some information

about the family of their daughter-in-law (VIMLA MARATHE) which was

very shocking to them. They found that Girl’s family is not a reputed High

caste Hindu as they claimed earlier before marriage.

7. Later, groom’s family discovered that the Girl’s family had cheated

them and made fraud w.r.t their surname which makes them High Caste

Hindus "SHINDE", whereas their real and earlier Surname was

“GAICHOR”. This revelation made them think that they had been cheated

and their consent for marriage was acquired by the bride’s family by falsely

misrepresenting the bride’s family as one of the High caste Hindus which

was not real.

8. In 1965, VIMLA MARATHE's father changed his surname from

"GAICHOR" to "SHINDE" and notified the same in official gazette too.

9. Due to such incident, SHEKHAR MARATHE filed a petition for

Annulment of Marriage on the ground that Vimla and her family had

falsely misrepresented that they were high caste Hindus. They had a mala

fide intention to cheat them.

10. The case is before Family Court for arguments.


ISSUES BEFORE THE COURT:

1. WHETHER THE CONVERSION OF GIRLS FATHERS SURNAME

WAS VALID.

2. WHETHER THE MISREPRESENTATION OF VIMLA’S FAMILY

ABOUT THEIR CASTE AMOUNT TO FRAUD.

3. WHETHER THE ANNULMENT OF MARRIAGE BE GRANTED TO

SHEKHAR.

4. WHETHER THE MARRIAGE BETWEEN SHEKHAR MARATHE AND

VIMLA MARATHE IS VALID.

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