Need urgent help for tomorrow's moot court competiton
akshaya
(Querist) 15 February 2013
This query is : Resolved
1)PROBLEM
Sudha aged 19 years from a well reputed family , falls in love with Armaan(20 yrs) who was studying in the same college as hers. And were also working in the same call centre as hers. Sudha knew her parents won’t give permission for their marriage , so insisted Armaan to elope her. Though Armaan was not happy with the decision. On 23rd February , 2010 Sudha married Armaan near a temple in presence of two common friends. Subsequently they went to the court when they met a person who asked them to get into an agreement with respect to marriage. Both signed a document which was of 100 Rupees. Non judicial stamp with non judicial stamp with the signs of their friends at witness.
Subsequent to that , they informed the parents of Sudha via phone call. Her parents outraged her act that Sudha had done , and they did not want to ever see ever again. But Armaan’s parents accepted them and allowed them to reside with them. After a couple of months , Armaan started torturing Sudha and forced her to get a job for herself saying that his income would not be enough to run the family. Sudha agreed to do it after a month in July 2010. During subsequent months Armaan left his job and started torturing Sudha. Sudha did not say anything out of fear that as she had no place to go if Armaan forced to leave matrimonial household. Even Armaan’s parents supported Armaan.
Sudha stayed with him till 18th March , 2012 ; after she was unable to bear the torture inflicted by Armaan. And she approached an NGO who helped her to get in touch with her parents , who getting to know about their daughter took her home back. Sudha’s father adviced her to take final decision as respect to marriage. Sudha accordingly consulted an advocate who filed a divorce petition in family court on behalf of Sudha.
The matter is pending in family court for final agreement.
(i am a petitioner)
prabhakar singh
(Expert) 15 February 2013
Although I am restrained to answer yet even risking I find no marriage(NIKAH or VIVAH) ON FACTS STATED.
Anirudh
(Expert) 15 February 2013
Both the boy and girl are major.
While Sudha is an Hindu, Arman is a Muslim.
No marriage can take place under Hindu Marriage Act.
No marriage under Muslim law can take place unless Sudha had changed her religion.
The parties did not get themselves married under Special Marriages Act.
Mere signing on a stamp paper with two witnesses does not solemnise any marriage.
The boy and girl are not at all married under any Law whatsoever, as stated by Mr. Prabhakar Singh.
When there is no marriage at all between the parties, the question of any divorce would hardly arise.
akshaya
(Querist) 15 February 2013
But sir both are hindu. It omes under hindu marriage act.
akshaya
(Querist) 15 February 2013
Plz help me out as for tomorrow is the competition. i have to speak first because i am a petitioner and i have 5 mins to elaborate my case. i have zero clue about moot.
prabhakar singh
(Expert) 15 February 2013
"Both signed a document which was of 100 Rupees. Non judicial stamp with non judicial stamp with the signs of their friends at witness." IS NOT A LEGAL WAY TO PERFORM A MARRIAGE UNDER HINDU MARRIAGE ACT.READ "SECTION 7. Ceremonies for a Hindu marriage.-
(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken."
akshaya
(Querist) 15 February 2013
oki but now i am taking sudha's side n
1.she wanted divorce
2.arman was torturing her n she stayed with him for 2 years.
3. I have to ask for divorce.
3.Its a moot so how i start my side n what to say in 5 min?
prabhakar singh
(Expert) 15 February 2013
TAKE ANY SIDE YOU WISH BUT WHEN NO MARRIAGE NO DIVORCE LEGALLY NEEDED AND PARTIES ARE FREE TO PART ON THEIR OWN WITHOUT ANY DECREE OF DIVORCE.NO OBLIGATION TO BEAR TORCHER OF ANY KIND FROM ANY PARTY.IN FACT THEY ARE NOT SPOUSES TO EACH OTHER.
NO MORE NOW.GOOD NIGHT!
akshaya
(Querist) 15 February 2013
sorry to bother you again sir,
One last query that they got married in the temple and all that rituals they followed there; then also u'll say the same thing?
Raj Kumar Makkad
(Expert) 17 February 2013
If rituals have been performed in the temple then also the same reply shall prevail.
akshaya
(Querist) 18 February 2013
Hello sir,
thanks a lot for your feedback , but in the moot court one who judged us confirmed that this marriage in voidable. n sec 3, 5 & 7 are applicable.
prabhakar singh
(Expert) 18 February 2013
One should put all necessary facts in one go and not in installments as you were doing here in past.
I have no concerned with other's comment which I had no opportunity to hear and argue.
S.3 is about definitions.I do not find any fact in your query to apply these definitions.Section 5 lays down conditions ,tell in particular which condition is attracted in facts stated by you.
And s.7 is about Ceremonies for a Hindu marriage.-
(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
BUT ABOUT THIS YOU POSTED FACTS AFTER MY GETTING LOGGED OUT
In case these ceremonies are proved to have taken place either in temple or anywhere on this land,then there is a marriage whether or not any document of marriage between parties was signed .The requirement is of these ceremonies and they are required to be proved if disputed.And if proved to part,parties do need a divorce decree in this case.
It in that case is not voidable marriage as commented by moot judge.Any thing that comes out without free consent of parties becomes voidable(see Contract Act for that).You have no where stated that any fraud or misrepresentation or undue influence or coercion was
applied to any side by the other side either in performance of ceremonies at temple or in documentation thereof on non judicial paper.
