9TH EDITION OF SENATE EXTEMPORE MOOT COURT COMPETITION, 2024
MOOT PROPOSITION
Ahalya Singh, a vibrant and ambitious Hindu woman of 32, and Rudra Singh, a determined Hindu man of 34, had their paths intertwined since their college days at Delhi University's Law College. Meeting in 2010, their friendship blossomed through the years, strengthened by shared dreams and academic pursuits. Despite Ahalya being a year junior to Rudra, their bond grew stronger, transcending the boundaries of mere friendship. They were very close since 2014, and after a long friendship, they decided to marry.
Their union in marriage on a balmy March 30th in 2017 in Delhi was a celebration of their journey together. However, their love story faced hurdles from the start. Initially met with opposition from both families, their love conquered all, eventually earning the reluctant blessings of their parents.
Ahalya, with her stellar academic record, embarked on a promising career in law, working diligently at a prestigious IP law firm. She was well-placed and having a good job in Bengaluru and only with a view to accompany her husband who was serving in Delhi, she left the job. However, the joy of their marital union was tested when Ahalya found herself expecting in 2017. Despite her initial excitement, the demands of her career led her to make a difficult choice to terminate the pregnancy, a decision purportedly made with Rudra's consent. Tragedy struck again in 2018 when Ahalya suffered a natural miscarriage due to a congenitally small uterus, leaving both her and Rudra devastated.
However, beneath the surface, cracks began to form in their marital bliss. Rudra alleged that Ahalya's demeanour had changed drastically since their marriage, accusing her of being indifferent and disrespectful towards him and his family. He claimed that Ahalya's focus on her career led her to neglect her marital duties, including concealing the termination of her pregnancy in 2017 and subsequent miscarriage. Rudra was thus very much aggrieved since he was denied the joy of feeling of fatherhood and his parents were also deprived of grand-parenthood of a new arrival.
It was alleged by Rudra that Ahalya was all throughout conscious, mindful and worried of one thing and that was her career. And in view of her thinking only in one direction, she deprived her husband of conjugal rights and matrimonial obligations. She even has stated that she was not interested at all in living with the husband and to perform marital obligations. As she had made it explicitly clear to her husband that she was not willing to be a mother at the cost of her career. Their disagreements escalated, leading Ahalya to leave their matrimonial home in 2019, seeking refuge at her parents’ house. Despite attempts at reconciliation, their differences seemed irreconcilable.
Page 1 of 2 Rudra therefore filed a Divorce petition in the court of Additional District Judge, Delhi under section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 on the grounds of (i) cruelty and (ii) desertion and refusal to perform marital obligations.
Ahalya, on the other hand, defended herself, asserting that she had made every effort to balance her career aspirations with her responsibilities as a wife. She argued that Rudra's jealousy and lack of support for her professional growth fueled the discord in their marriage. Ahalya stated that she had no objection if Rudra adopts a child which action would not adversely affect her career. Even she had also issued a notice to Rudra that it would be better that they would peacefully separate from each other so that he may be able to fulfill the wished of his parents and the she may pursue her future career. She also denies in her objection that she was doing her best to please her husband as well as her in-laws. Precisely for that purpose, she had left her service in Bengaluru and joined the husband. It was admitted that she was in service and was also interested in career as she was well-educated lady and wanted to contribute to the society. And it did not mean that she was not performing her marital obligations.
The trial court, after hearing both sides, therefore, held that the case was covered by mental cruelty which was shown by the wife towards the husband and Rudra was entitled to a decree of divorce on that ground. The court further observed that “when the wife gives priority to her profession over her husband’s freedom it points unerringly at disharmony, diffusion and disintegration of marital unity, from which the Court can deduce about irretrievable breaking of marriage.”
Aggrieved by the decree passed by the trial court, the wife preferred an appeal in the High Court of Delhi. The High Court appreciated the evidence on record and confirmed the decree of divorce passed by the trial Court. Now, the wife has approached the Apex Court, hoping for a fair hearing, determined to prove that her commitment to her career didn't diminish her love for Rudra, but rather highlighted her desire for personal fulfilment alongside marital harmony. The matter is now listed before this hon’ble bench for hearing.
The following are the issues before the court:
1. Whether the present appeal filed by Ahalya is maintainable?
2. What constitutes cruelty under section 13(1) of the Hindu Marriage Act, 1955? 3. Whether Ahalya's persistent refusal to fulfill marital obligations contribute to the breakdown of the marriage and constitute cruelty as per the provisions of the Hindu Marriage Act, 1955? 4. Whether Ahalya's refusal to conceive a child constitutes into irretrievable breakdown of the marriage as per the provisions of the Hindu Marriage Act, 1955?
Note: This is a fictional case problem created for the purpose of the exercise.
