TEAM CODE-IMC 21

(INTRA MOOT COURT – 2022)

BEFORE THE HON’BLE FAMILY COURT

NAGPUR

IN MATTER OF
FAMILY APPELATE JURISDICTION

RAHUL PETITIONER
V/S
SIMRAN RESPONDENT
WRITTEN ON THE BEHALF OF RESPONDENT
 TABLE OF CONTENT

INDEX OF ABBREVIATION………..
INDEX OF AUTHORITIES………………..
STATEMENT OF JURISDICTION…………….
STATEMENT OF FACTS………………………..
ISSUES PRESENTED……………………….
SUMMARY OF ARGUMENTS………………….
ARGUMENTS ADVANCED…………………….
PRAYER………………………………..
 LIST OF ABBREVIATION

ABBREVIATION EXPANSION
Hon’ble Honorable
PWDVA Protection of
Women From
Domestic Violence
Act
U/S Under Section
Add. Additional
Pet. Petition
AIR All India Report
 INDEX OF AUTHORITIES

CASES PAGE NO.

Krishnamurthy V/s
Syananthakamani
(1976)
Vedantham V/s
Nirmala (1990-1)
 STATEMENT OF FACTS
1.Petitioner and Respondent both are born in a Hindu family. Petitioner hails from Nagpur and
the only bread earner in his family. Respondent born and brought up in Mumbai.

2.Marriage was solemnized in march 2015 at Mumbai according to Hindu custom and
ceremonies under Hindu Marriage Act.

3. Petitioner and Respondent never consummated the marriage because the Petitioner is very
busy in his business and did not paid heed to the marriage.

4. In-laws demanded Respondent remain back at home. She was insulted and never
appreciated in front of others.

5 .Respondent blunty refused to perform her domestic responsibility even, at point

Respondent made an honest effort to win heart of in-laws, yet nothing worked.

6.rahul was suffering from a financial loss and could not paid attention to his family and
marriage and develop and argumentative nature.

7.In distress state, he got addicted to alcohol and return home late night in heavily drunken
state.

8.On Respondent conformation he mentally and physically abused her , in-laws refuse to
resolve the matter.

9.Respondent could not tolerate the menace, left the matrimonial home, and started residing
with her parents. Petitioner and his parents made attempt to call respondent and ask her to
return back considering societal pressure, she got return back in 15 days.

10. Respondent realized the same situation as earlier and the Petitioner posed no love or
affection towards her.

11.Pressure from her parent and in-laws decided her to adjust and live with a hope that one
day things will be alright. At the same point the Petitioner was highly addicted to alcohol.

12.After 5 years,The Petitioner was having an extra- marital affair with his business partner
“Damini” when Respondent Confronted him, he inflicted mental and physical assault on her.

13. Respondent could not bear mental agony and left matrimonial home. She did not justified
the reason of her leaving and took all her belongings and Stridhan with her.
STATEMENT OF JURISDICTION
The respondent have approached Family Court Nagpur Under Section 12,18,19,20,22,23, of
Protection of Women domestic Violence act.

Within 7 years of imprisonment will be trialed by JMFC.

Also the respondent demands Maintenance from the Petitioner Under Section 25 of the Hindu
marriage act,1955.

Another petition under section 13(1)(ib) of Hindu Marriage act for grant of Divorce under
section 24.
 ISSUES RAISED

1. It is humbly submitted before this hon’ble court that,

Due to Financial loss in the business petitioner could not paid attention to respondent due
to which there were regular clashes between the petitioner and the Respondent.

2. It is humbly submitted before this hon’ble court that,

Petitioner started to consume heavy quantity of an alcohol and in whole day was under
the influence of alcohol and inconscious mind due to which Petitioner also used Filthy
language.

3. It is humbly submitted before this Hon’ble court that,

Petitioner without any reason or work continuosly engaged himself to Mobile Phone and
also Respondent having a solid Belief that the Petitioner Having an extra marital affair
with so called “Damini”

4. It is humbly submitted to this hon’ble court that,

Due to all these family as well as other behavior Respondent got mentally as well as
physically unhappy and the whole life of Respondent is going to finish due to this
Marriage.

5. It is humbly submittedto this hon’ble court that,

Respondent filed a petition as PWDVA U/s Hon’ble under sect. 18 for protection order,
20 for Monetory Relief and 23 for interim order before the Hon’ble chief Judicial
Machistrate Nagpur.
 SUMMARY OF ARGUMENT
1.The Petitioner in his life was highly addicted to consuming alcohol which proved to be have a
very bad impact on the life of the Respondent both physically and mentally.

2.So, as the Petitioner was in the influence of alcohol all the day, every time when the
Respondent confronted him for his bad habits he started rigorously beating and slapping her.

3. Also, The petitioner gave no respect to the respondent and would always use degraded,
abusing and filthy word when the respondent would communicate with the Petitioner. Also when
The responded expected love and affection From the side of petitioner , the petitioner never ever
gave attention to the feeling of Respondent.

4. Also after some years it was commonly noticed by the respondent that the petitioner would
use stay a very long hours in his phone and also when the respondent would ask anything to the
Petitioner ,then the Petitioner would get very short-tempered towards it and start abusing and
doing assaults on her. Then when one day the respondent checked the phone of the Petitioner,
She was really shocked on seeing that The Petitioner had very Long Chats and Call which were
relating to the chats of a girlfriend and boyfriend likewise with a ladies no. so called “Damini”.

5. Also, the Respondent suffered many domestic Violence from the side of Petitioner which were
abusing her, doing physical assault on her and also mental torture on her which proved to have a
very bad impact on her health. So, Now the respondent have no longer a will to live with the
Petitioner as it is has become very threatful for her life. Therefore, the responded would also like
to take Divorse with the Petitioner under section 13(1)(ib) of the Hindu marriage act, 1955 and
also like to take maintenance from the side of Petitioner Under section 12 and furthermore she
would also like apply charges on the Petitioner under section 18,19,20,22,23 of protection of
women from the domestic Violence act 2005.
 ARGUMENT ADVANCED

It is humbly submitted before this family court Nagpur.

1. Respondent Legally wedded of Petitioner and the marriage between them was
solemnized as per the customs of Hindu religion in the month of march 2015 at Nagpur.
2. There were approximately 10 lack rupees spend in the said marriage, all the expense
spent by the parents of the Respondents gifted her household articles like ornaments,
Gifts and cash which is her Stridhan. The said marriage was arranged through mediators
of relevant caste and the Respondent wants to do further studies but she got ready for the
marriage.
3. That after going to matrimonial house at the Nagpur their were good behaviour of
Petitioner and his family member towards Respondent and the Respondent also do all
Household work and Duties towards Petitioner and his family member. There after 15
days of said marriage respondent noticed that Petitioner is very busy in the business and
did not paid heed to the marriage and also there were communication gap between both.
4. It is submitted that at the time of marriage Respondent expressed her one wish to
continue her studies and at that everyone of the family agreed for the same. But after
15 days of said marriage her in-laws asked her to skip her classes. It was very shocking
for the Respondent.
5. It Is also submitted that in the month of December 2015, the Respondent got to know that
the petitioner was suffering from financial loss in his business due to which he started to
consume alcohol to settle his Stress-level and also got addicted to it due to which there
were lot of changes in the language of the petitioner because of the influence of the
alcohol and there were regular disputes between both and whenever Respondent
confronted the Petitioner started abusing the Respondent mentally as well as physically
and used Filthy language at every stage of time.
6. It is also submitted that after all this Respondents approached her in-laws with the hope
that they would have help her and Respondent stated every facts about the Petitioner to
her in-laws and also requested her in-laws to look towards it and make him understand to
stop drinking of alcohol on regular basis and stop using filthy words but her in-laws
stated straight forwardly that it is there personal matter and they will not do any interfere
between both. So, on that court Respondent replied that the marriage between both was
solemnized by mediators and family members. So, they need to help her but her in-laws
clearly refused to get into that matter and the effort of Respondent was in vain
Respondent become helpless.
7. It is also submitted that after few years of the said marriage petitioner become aggressive
day by day and the behaviour of Respondent completely changed on that count
Respondent could not tolerate the behaviour of Petitioner and left the matrimonial house
and went back to her Parental house and started residing with her parents. After few
days the parents of Respondent forced her to return back to her matrimonial home and
making her understand that the things between petitioner and Respondent would get
better one day and on the other hand her in-laws of the Respondent made many attempts
and tried to getting back simran to matrimonial home and the petitioner also tried to
calling Respondent on many occasions to come back to the matrimonial house. Due to
all this persuasion Respondent decided to return back to the matrimonial home after
residing 15 days with her parents with the hope that things would get better.
8. It is submitted that after returning back to the matrimonial house Respondent realized that
the situation and the nature was still the same and the petitioner still consuming the
alcohol and there was no love and affection towards the Respondent and also the internal
sexual life is also affecting due to all this. But considering the above Respondent decided
to adjust her with the hope that one day the things will get better and on every occasion
Respondent tried to make petitioner understand to stop consuming alcohol but petitioner
was highly addicted to the alcohol.
9. It is also submitted that one day in the night hours Petitioner without any reason started
to do quarrel with the Respondent and also in the mean time of an argument between
them he slapped Respondent due to which the left eyes of Respondent got injured. On the
next day the Respondent make herself understand that this is the first time that Petitioner
to abuse and beat Respondent in the influence of alcohol.
10. It is also submitted that one day Respondent checked the mobile phone of the Petitioner
and she was shocked because there were suspicious personal messages from one
unknown ladies number and those messages were very much personal likewise Girlfriend
and a Boyfriend. In the night hours when the Respondent asked petitioner about it then he
started to quarrel and clearly stated the ladies name is “Damini” and she is a wife of his
business partner and when Petitioner asked Respondent to stop this messaging between
both he replied in the influence of the alcohol that he can do anything he want to satisfy
his desire and started to use Filthy language and the Respondent got scared and she
stopped arguing the same with Petitioner and move to the bed to sleep.
11. It is also submitted that next day Respondent approached once again to her in-laws but
this time also she got disappointed because her in-laws was not in the condition to help
her. Now the point before the Respondent is to save her marriage there is no hope and
simran thought that she can bear every behaviour of the Petitioner, the mental stress of
Petitioner, the alcoholic addiction of Petitioner. But she can’t tolerate the extra-marital
affair of Petitioner because Respondent belongs to a well-known Hindu Family and
Finally Respondent dcided to left her matrimonial home on the Permanent basis.
12. It is submitted that Respondent could not bear this mental agony and hence left the
matrimonial home and started to residing with her parents after convincing them and also
at the time of leaving the matrimonial home,respondent did not justify the reason of
leaving the home and took her all belongings like cloths and other ornaments and stridhan
with her.
13. It is submitted that after 15 days of leaving the matrimonial house respondent got to
know from some source that there were relationship between petitioner and that there
were relationship between petitioner and that so called “Damini” but respondent do not
have any material evidence against them. So, Respondent decided to file a petition
against Protection of women from the Domestic violence act for domestic violence Act
for domestic violence and for monetory relief and also for intrim order.
14. It is submitted that with this reply respondent clearly dening to leaving with Petitioner
because she is under threatening of life and also of 5-6 years of said marriage there were
no love and affection b/w both and on the other hand there is relationship b/w Petitioner
and so called “damini”.
15. It is submitted that there is no question of the petition filed by Petitioner under section 9
of Hindu Marriage act praying for “Restitution of Conjugal rights” before the honorable
family court because there is pendency of domestic violence case which bis filed by the
respondent against Petitioner.So there is no question to leave happy because after 6 years
of the said marriage the nature and drinking habit of Petitioner are the same.
16. It is submitted that Respondent already gave many chance to the Petitioner, but in Vain
so now there is no question to leave together and respondent needs to dissolve the said
marriage and for that Council for the respondent very soon going to file a divorse Petition
before the honorable court.
 PRAYER

In the Light of Arguments advanced and authorities cited the respondent humbly submits that
the Honorable family court may be pleased to judge and declare that

1. The Special leave petition should be dissolved.

2. Kindly allow the instant application of respondent.
3. The decision given by the honorable court must be in favour of respondent.
Any other just and equitable order as it deems fit in the interest of Equity, justice and
good Conscience.
For this act of kindness, the respondent shall duty bow forever pray.