Moot court problem
Querist :
Anonymous
(Querist) 20 April 2024
This query is : Resolved
Mr. Ramesh, a Hindu by religion married Miss. Ranjana on 16th March, 2012 as per Hindu
rituals. Thereafter they resided in the matrimonial home with the parents of Mr. Ramesh. Mr.
Ramesh’s mother was an orthodox female and had high belief in mythology and in Hindu God.
She had firm belief that to attain Moksha, a man needs a son, therefore she always insisted on
Ranjana to conceive and give the privilege to them of being grandparents to a grandson. Miss.
Ranjana delivered a baby girl on 25th September, 2014 and thereafter differences arose between
them. Ramesh ’s mother continuously passed insulting remarks upon Ranjana and her baby
girl. She often remarked that if Ranjana does not give their family a boy, she will ask Ramesh
to marry another girl. Several times Ramesh fought with his own mother, telling her that he is
satisfied with his wife and has no complaints from her. Ranjana started persuading Ramesh to
leave the house of his parents and move to a new house to which Ramesh never agreed. He
was adamant that he wants to stay with his family. Finally on 15th December, 2015 Ranjana,
frustrated with the constant bickering and inability of her husband to change residence, decided
to leave the matrimonial house with her daughter and return to her parent’s house. He never
even visits his daughter because Ranjana was never available. Finally, on 2nd August2016,
Ramesh frustrated with Ranjana, filed for divorce u/s 13 of the Hindu Marriage Act alleging
desertion by his wife. The summons was issued to Ranjana at the address shown but the same
were returned by some Ms. Usha marked as ‘refused to accept’. The family court considering
it as good service proceeded with the matter. The petition was heard ex parte and on the basis
of evidence adduced by Ramesh, the family court granted divorce to the husband on 13th June,
2017. The copy of the order was sent by Ramesh to Ranjana on the address provided. On 14th
December 2017 Ramesh married Miss Priyanka, a Hindu by religion. Priyanka conceived
Ramesh’s child and was due for delivery on 5th September 2018. Meanwhile, Mrs. Ranjana
filed an application on 3rd April 2018 before the High Court, for condonation of delay for filing
appeal against the decree of Family Court granting ex parte decree to Ramesh stating that she
was unaware of the proceedings as the summons were served on the address on which she was
not residing. She also stated that her parents moved to a new house and accordingly, she also
went to the new house. Furthermore, she never had the intention to desert Ramesh but only
wanted to teach his mother a lesson. She argued that she was frustrated with the constant
remarks by Ramesh ’s mother and hence decided to leave the matrimonial house but never
desired to sever the matrimonial bond. Decide.
T. Kalaiselvan, Advocate
(Expert) 20 April 2024
So what is your query?
Ranjana can very well proceed with her case to contest the divorce case.
But that cannot nullify the second marriage of Ramesh.
SIVARAMAPRASAD KAPPAGANTU
(Expert) 21 April 2024
What exactly do you mean by the Moot Court problem? Are you asking an academic question in this forum?
P. Venu
(Expert) 26 April 2024
The second marriage is valid.
