I have a moot-court competition where I've been given this family law case and I have to prepare an argument in favour of Rahul Raj. The case is as follows:
Rahul Raj and Meenakshi were married to each other by their parents on 26.06.2005 in Sangli
District of Maharashtra. Their families had arranged their marriage without consulting them.
Saptapadi and other rituals were performed according to their custom. The two were happy with
their marriage, and were compatible with one another.
On 23.04.2007, when Meenakshi was 16 years old, they had a son, loved and cherished by both.
In January 2008, Rahul realised that his income was not sufficient for a comfortable living,
decided to move to Pune in search of a better life. Meenakshi also agreed for this arrangement.
While leaving, Rahul promised Meenakshi that he would make proper arrangements in the city
for her and their son, and move them to Pune within a year.
While in Pune, he fell in love with Anjali, his colleague at work. He took legal advice, and sent
on 15 July 2009 to Meenakshi a letter stating that he was married when under-age, did not wish
to continue with the marriage, and hence avoided the marriage by the letter. He suggested in the
letter that he is in a position to take care of their son, if Meenakshi finds it difficult to do so.
Three months after sending the letter, he completed 21, and married Anjali.
In December 2009, Meenakshi approached the Family Court of Satara seeking restitution of
conjugal rights. She stated that she wished to continue her marriage and ensure that their son
grows up with his biological parents.
Rahul appeared in the proceedings and sought dismissal of the petition because they were no
longer husband and wife. He also applied for custody of their son.
In July 2010, he also filed in the same Court a suit for declaration that Meenakshi was not his
wife. He filed this suit under section 34 of the Specific Relief Act. He did not file a petition for
nullity under the Prohibition of Child Marriage Act 2006.
The petition and the suit are kept for final hearing. The Family Court of Satara has jurisdiction to
hear both matters. Argue for (i) Meenakshi and (ii) Rahul.
My query is.. How important is the letter that Rahul writes to Meenakshi stating that he was married when under-age and did not wish to continue with the marriage?? Is the letter legally binding even though Rahul was a minor when he sent it??
Another query is...Why did he file his suit under Specific relief Act and not under section 3 of Prohibition Of child marriage Act,2006?
