Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
GOVINDRAO WANJARI COLLEGE OF LAW
MOOT COURT COMPETITION 2021
------------------------------------------------------------SUBMISSION OF MOOT COURT CASE
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SUBMITTED BY:
SHUBHI SINGH SISODIA
10th semester (B.A. LLB - 5years)
Govindrao Wanjari College of
Law, Nandanvan - 440009
R/o: 301, Chanakya Apartment;
Abhyankar Marg, Opposite
Dhantoli Garden, Dhantoli,
Nagpur-440012.
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
TABLE OF CONTENTS:
1. List of Abbreviations
2. Index of Authorities
3. Statement of Jurisdiction
4. Statement of Facts
5. Summary of Issues
6. Summary of Arguments
7. Arguments Advances
8. Prayers
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
LIST OF ABBREVATIONS:
(1) AIR:
All India Reporter
(2) ART:
Article
(3) ED:
Edition
(4) SC:
Supreme Court
(5) JMFC: Cheif Judicial Magistrate, First Class
(6) SCC:
Supreme Court Case
(7) SEC:
Section
(8) U/S:
Under Section
(9) U/A:
Under Article
(10) VS:
Versus
(11) CRPC:
The Code Of Criminal Procedure
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
INDEX OF AUTHORITIES:
CASES:
1. Sarabjit Singh vs. Lourdes Serrato ,2014(3) RCR (civil) 783.
2. Sangeeta vs. Preston Gomes; Mat, APP 110/2010.
3. Dwarika prasad Satapathy versus Bidyut Prava dixit, 1999(4)
RCR (Criminal) 577.
4. K.R. Sagayaraj vs. Mrs. C. Raajammal on 12 November, 2010.
LEGISLATION:
1. The Constitution of India, 1950
2. Cr. Pc 1972
3. Special Marriage Act in 2004
4. The Hindu Marriage Act 1955
5. Indian Christian Marriage Act 1872.
BOOKS:
1. CRPC 1973 by Ratanlal and Dhirajlal
2. Maintenance of wives and others by S.S upadhyay
3. The Indian Christian act 1872 by universal books publication
private limited
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
STATEMENT OF JURISDICTION:
THE HONORABLE JUDICIAL MAGISTRATE FIRST CLASS LUCKNOW
EXERCISES JURISDICTION TO HEAR AND ADD JUDICATE OVER THE
MATTER UNDER SECTION 125 OF CRPC.
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
MEMORIAL ON BEHALF OF THE PETITIONER
BEFORE
THE HONORABLE JUDICIAL MAGISTRATE FIRST CLASS LUCKNOW
NO MP NUMBER XXXX/2021.
CASE FIELD SEEKING MAGISTRATE UNDER SECTION 12 OF CRPC
PETITIONER:
ALEXA
Age: 43
Occupation: Private Service
&
GEETHA
Age: 8
Occupation: Student
RESPONDENT:
RAJA
Age: 48
Occupation: Government Service
R/o: 28, Karim Nagar, UP.
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
STATEMENT OF FACTS:
The facts are requisite to be stated for adjudication of the petitioner are as
follows:
1. Petitioner Alexa is a permanent resident of Lucknow city. She's a working
woman having earning of rs. 5000/- per month as a source of income. She
married with respondent in the year 2008 when she was 32 years old.
2. In Lucknow city, respondent working as teacher in a senior secondary school
and on salary of rupees 80,000 per month.
3. After marriage petitioner live life happy with respondent husband. During
happy days they gave birth to a male and female child in year 2012 and 2014.
4. In the year 2017 relations between petitioner and respondent were cordial,
thereafter the respondent started treating her with cruelty.
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
5. They both got divorced in 2018 he cannot give any amount for maintenance
to Alexa and her daughter.
6. Electra has no means to support herself and her daughter. She many times tried
to convince to her husband raja but not succeeded.
7. These contentions of respondent husband after realizing that she has not any
other option she filed this petition before the honorable court for maintenance
of rupees 6000 per month for herself and her daughter.
8. Respondent Raja is working as teacher in senior secondary school assets in
the form of land and own house now only his son is dependent on him to
respond in his capable to keep maintenance of rupees 6000 per month to
petitioner daughter too.
9. Petitioner daughter of physically handicapped in taking education in second
standard she's dependent on petitioner.
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
STATEMENT OF ISSUES:
ISSUE 1:
______________________________Whether the petition is maintainable?
ISSUE 2:
______________________________Whether the wife is entitled to get
maintenance for herself as well as for her daughter from husband?
ISSUE 3:
______________________________Maintenance is permissible in personal
Christian law?
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
SUMMARY OF ARGUMENTS:
Issue 1:
whether petition is maintainable?
It is humbly submitted before the honorable court that present petition is
enforceable against respondent husband under section 125 of CRPC.
Issue 2: the wife is entitled to get maintenance for herself as well as for her
daughter from husband?
And the section 125 of CRPC wherein the turn boys widely defined and explained
to us to cover the claim of legally wedded wife as well as off divorced wife so in
short christian wife name of maintenance for herself as well as for her daughter
is valid.
Issue 3: the maintenance is permissible in personal christian law?
It's turn 135 of CRPC is applicable to the christians including divorce christian
woman irrespective of the fact that in christian personal law wife cases to be wife
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
on diverse into husband is liable to provide maintenance for divorces wife who is
unable to maintain herself as well as dependent so long as she has not remarried.
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
ARGUMENTS ADVANCED:
Issue 1: whether the petition is maintainable?
Present maintenance petition is maintainable as per section 125 of CRPC
nonverbal code the respondent husband is residing in Lucknow city and petitioner
marriage also took place in the same city so this court is territorial jurisdiction
also to hear this petition.
Issue 2: Whether the wife is entitled to get maintenance for herself as well as
her daughter from husband?
As per section 125 of CRPC wherein the turn wife storm is widely defined and
explained so as to cover the claim of legally wedded wife as well as off divorced
by oppositional wife is entitled to get maintenance from respondent.
As divorced Christian woman has right under section 125 of TRPC to claim
maintenance if the woman is able to maintain herself the liability of husband to
maintain her cases with the expiration however on the inability of maintaining
herself, she can take recourse of this section Sarabjit Singh vs. Lourdes Serrato
,2014(3) RCR (civil) 783, section 125 has an overriding effect on personal law in
case of conflict between the two.
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
In this case by his owning woman, she has income source. Her daughter is
physically handicapped and taking education. She will not remarry and doing any
job and her salary is rupees 5000 per month. But in this case, there are two more
persons are dependent on her that is her mother and father. In this situation it has
become very difficult to her to maintain herself as well as daughters to cheese
facing problem to fulfill the daily needs of family daughter school fees are
pending so vice is entitled to get maintenance for herself and daughter from the
husband.
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
PRAYER:
In the light of the issue railed arguments advanced in authorities cited may this
honorable court be pleased to:
(1) Hold the petitioner and her daughter is entitled for monthly maintenance.
(2) Only direct to respondent husband to pay rupees 6000 per month to petitioner
daughter as a maintenance from the date of filing of this petition.
(3) Pass any such other order that it deems fit in the interest of justice.
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
LEGAL DATABASE:
(1) SCC online
(2) West law
(3) Hein online
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Submitted by: Shubhi Singh Sisodia
10th Semester BA.LLB (5years)
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