I am a student of law and i have very less experience in moot courts. So i need your expertise in this moot problem.
The case is appeal case --wife is appealant and husband is respondent (ME)**......Facts of the case are-
1. Husband and wife married on 10 -10-2006 at Kathua
2. Wife employed as Librarian in Jammu even prior to marriage and regularly commuting from Kathua to Jammu.
A male child is born out of wedlock.
3. Everything works well but on 5-12-2009 father of the husband died.
4. According to husband, her wife started misbehaving with him and her mother(husband's mother).
5. Insists that husband should shift to jammu.
6. Comes late from Job and does not explain anything to husband. Even stays at jammu without consent or intimation to husband.
7.One day after quarreling with husband, threatens husband in front of his freinds and leaves matrimonial home and goes to jammu along with his child.
8 Comes back after persuation. Her behaviour remains disrespectful and coming late from job remains same as before.
9. Husband has made her clear that he cant shift to jammu as he cant leave mother on his own in Kathua.
10. Once again after few days leaves her matrimonial home...takes away jewelry, costly clothes and articles of dowry and goes to jammu.
11. On 8-12-2010 husband files petetion for divorce on grounds of mental cruelity and desertion.
12. WIfe pleaded that husband and mother in law misbehaved with her after death of her father in law.....over trifle matters.
13. if ever she came late she was beaten by husband and insulted as having an extra martial affair in jammu.
14. She never wanted to settle in jammu as both of her parents had died and there was no question of setteling in jammu.
15 written statement was filed on 28-12-2010
This is appeal by wife as per facts of the case. The petition filed by husband has been decided in his favour but judgement is not mentioned.
I have to prove desertion and mental cruelity in this case
What if question about custody of child is asked.
What if question about allegation of extra martial affair is asked.
Im pleading on behalf of HUSBAND.
Please cite relevant case laws for me..and help me in framing rough arguements....
THANKS
