MOOT PROBLEM

Mr. Neel and Ms. Naina both were belonging to IAS Batch 1998. They were good
friends. They decided to convert that friendship into marital relationship. Accordingly,
with the consent of their parents they got married under Special Marriage Act, 1954 in
the year 2002. Neel was an orthodox person and had high belief in mythology and
Hindu God. He had firm belief that to attain Moksha man needs a son, therefore, he was
insisting for having a son from the marriage. During the matrimonial life of five years
Naina was employed as IAS officer. She took matrimonial leave and delivered two
babies, one Nidhi in 2004 and second Sunidhi in 2007. Due to absence of male child
there were quarrels and altercation between husband and wife. This resulted into
divorce between them by mutual consent.
During this difficult period, Naina was transferred to Delhi. She met Mr. Arjun a
handsome and efficient IAS officer who expressed his love and desire to get married
with her. As he was already married she waited for divorce. Immediately after divorce
they got married. Soon after the marriage Naina was busy with her postings and heavy
administrative work. Therefore she unilaterally took decision not to have children within
five years of marriage. She was not taking proper care and giving love and affection to
her husband. Mr. Arjun tried his level best to persuade the matter. But he could not
succeed. Naina told Nidhi and Sunidhi that Mr. Arjun is not their father. She always
avoided Mr. Arjun to have pleasure of Nidhi and Sunidhi’s company as their father.
In 2010 Naina was transferred from Delhi to Mumbai. She shifted with her daughters to
Mumbai and Mr. Arjun continued in Delhi. The behavior of Naina did not change. She
was also dominant and abusive on phone and in person whenever she was meeting Mr.
Arjun. As Mr. Arjun was alone in Delhi and no one to take care of him, he hired a
domestic servant, Pooja aged 17 years for daily persuades. As maid servant was asked
to stay in the house, she was taking care of Mr. Arjun. This leads to development of live
in relationship between them.In August 2011, when Naina visited Delhi she came to know about the relationship as
Pooja was pregnant. Being aggrieved with misconduct and extramarital affair Naina
served notice of divorce.
Wife filed divorce petition in Family Court, Delhi on the ground of irretrievable
breakdown of marriage. Family Court dismissed the said petition. Against decision of
Family Court wife filed appeal in Delhi High Court on the same ground. High Court
dismissed the appeal as there is no specific provision under existing laws. Then wife
filed Special Leave Petition in the Supreme Court stating that divorce should be granted
on irretrievable breakdown of marriage.
Meanwhile Pooja who was in live in relationship with Mr. Arjun filed a suit for
maintenance under Domestic Violence Act, 2005 against Mr. Arjun. Her petition was
rejected by Family Court, Delhi on the ground that she was in live in relationship with
the married person. Being aggrieved with the decision of Family Court, Pooja filed
appeal in the Delhi High Court claiming the maintenance under The Domestic Violence
Act, 2005. High Court dismissed the appeal. Against order of High Court Pooja filed
Special Leave Petition in Supreme Court.
Hence both petitions are before the Supreme Court. Supreme Court in its discretion
clubbed both matters and called for final hearing.
Kindly argue the matter before the Supreme Court as per relevant provisions in the light
of Supreme Court and High Court Judgments.


I have to submit this moot problem before 10 November and after 12 we have oral presentation of it.I have to make a memorial on behalf of the petitioner.
This will be my first experience kindly help me.