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    Moot Problem

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    Shashank Bajaj
    Fatima and Mohan 32nd All India Inter-university Moot Court Competition organised by Bar Council Of India at Presidency University, bengaluru (2016)

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    Moot Problem

    Uploaded by

    Shashank Bajaj
    3K views1 page
    Fatima and Mohan 32nd All India Inter-university Moot Court Competition organised by Bar Council Of India at Presidency University, bengaluru (2016)

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    © © All Rights Reserved

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    Fatima and Mohan 32nd All India Inter-university Moot Court Competition organised by Bar Council Of India at Presidency University, bengaluru (2016)

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3K views1 page

    Moot Problem

    Uploaded by

    Shashank Bajaj
    Fatima and Mohan 32nd All India Inter-university Moot Court Competition organised by Bar Council Of India at Presidency University, bengaluru (2016)

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    MOOT PROBLEM

    Fatima V. Mohan
    1. Mohan, born as fourth child in family consisting of his father Raju alias
    Rahmatullah Khan, his mother Renuka alias Ria Khan and three siblings, used to
    live with his maternal grandparents who was Hindu. At the instance of observing
    different practices in family it was explained to him that his parents were also
    Hindu by birth, though belonging to a lower caste. For the reasons of such
    discriminatory practices against the people belonging to lower caste he decided to
    convert to Islam.
    2. Determined to bring about change in such discrimination he applied for seat in
    Guntur Medical College, but the converts to other religions from Hinduism were
    treated as backward classes thereby he didnt get admission. On the advice, he got
    himself converted to Hinduism by going through Suddhi ceremony, claiming to be
    a member of Madiga caste he got admission as falling under Schedule Caste.
    3. In the fifth year of his study, he fall in love to a Muslim girl Fatima, though aware
    about their status in the society. The girl reasoned that she can convince her father
    for their marriage as they are both Muslims, but then Mohan disclosed about his
    conversion to Hinduism which made her feared that the marriage would not be
    accepted by her father as being strong follower of Islam. When she went home,
    got aware about the preparations of her marriage to which Mohan insisted they
    should get married soon and under the emotional threat and pressure she agreed
    for such marriage.
    4. He made Fatima to undergo Suddhi ceremony, solemnized the marriage in a
    temple, thereafter also married under Muslim form wherein Qazi performed their
    marriage. When the girl felt guilty about the marriage, she confessed it to her
    father who convinced her to get out of this relationship as Mohan is not a
    trustworthy person. He made her to believe and migrated her to another medical
    college. When she stopped all her contacts with Mohan, he filed for Restitution of
    Conjugal Rights under the HMA, 1955 in Family Court of Guntur, Andhra
    Pradesh.
    5. Fatima challenged the validity of the marriage alleging that her conversion to Hinduism not valid.
    Though Mohan countered that in case the Hindu marriage is not valid, the Muslim marriage is
    valid one. Fatima again contended that even that marriage was not valid as a Muslim woman
    cannot marry a non-Muslim. Thus creating dichotomy when Mohan accepted that his conversion
    was not valid as done for the purpose of getting admission in Medical College, thereby validating
    the Muslim marriage.

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