Hypothetical Moot Problem An Academic Exercise for Legal Studies

Assignment Task

1. Wadiar, a city in the western part of the Union of Indiana. The Wadiar has a diverse culture, people from different states come and settle in the city and make their fortune. Vrushali (hereinafter referred to as Complainant) aged 28 years, Hindu, was working in the Multi National Company and Nimesh Jain aged 30, Hindu, and having the business of the Transportation of Furniture Goods. Both the Complainant and Nimesh met at the family friend’s house on October 20, 2020.

2. With the passage of time there closeness increased and they mutually decided to get married and on April 20, 2021 they got married. In the initial period of their marriage everything went very well, but with the passage of time relationship started becoming strain. Nimesh’s parents and one sister were dependent on him and so many times, Vrushali feels that she was mentally and physically torture by her husband and in-laws. Vrushali on 5 ^th November 2022 gathered the courage and proceeded with a legal complaint against her husband and her In-laws.

3. In pursuance of the same, an FIR was lodged by the Complainant (No. 110/22) at Kapoi Police Station (PS) against her husband , Mr. Nimesh (hereafter referred to as Accused No. 1), her Father-in-law, namely Pritesh Jain (hereafter referred to as Accused No.2), her Mother-in-law, namely Mala Jain (hereafter referred to as Accused No.3) and her Sister-in-law, namely Manvi Jain (hereafter referred to as Accused No.4)

4. The Complainant stated in the Complain that she has been repeatedly harassed mentally and physically by Accused No. 1, 2, 3 & 4 and the said harassment has been taking place since the day of the Complainant’s wedding ceremony as the gifts provided in the ceremony was deemed insufficient for Accused No.2, 3 & 4 and their guests. The Complainant’s father besides having incurred an expenditure of Rs.33,00,000/- and providing a car worth Rs 9 lakh, along with gold and silver worth Rs.15,00,000/- as ‘STRIDHAN’ on the abovementioned wedding ceremony was compelled and tortured to bring in more money.

5. Further, since the parents of the complainant were unable to pay a sum of Rs. 75 Lacs which was demanded by the Accused, she had been coerced to bring in the same amount failing which she has been physically and mentally harassed by all the accused. Accused No.3 & 4 took away all the gold ornaments presented to the Complainant at the time of the Wedding.

6. The complainant further asserts that Accused No.1 has been physically abusing her as was under the impression that, she has affair with one Mr. Mitesh who was a common friend of them. The Complainant also stated that she was once beaten and assassinated for her character as he believed complainant maintained physical relations with other men. In January 2022 the Complainant was dropped at her maternal house as the Accused and his family member were very much afraid as every time the complaint will tell them that she will commit suicide.

7. After amicable settlement between complainant, husband and her in-laws, in March 2022 she was taken back to her matrimonial house on the condition that she would give in writing that she would not commit suicide. The Complainant gave in writing that she will never think of committing suicide. Again after Two to Three months the dispute continued, and tired of it the complainant was again sent back to her maternal house and was told to stay away from Accused No. 1 by Accused No 2, 3 & 4.

8. It is further stated by the Accused No 1 that in July 2022, he, was fed up with the complainant constant threats to commit suicide, filed a non-cognizable case against the Complainant. After settling the dispute in the police station, the complainant was brought back to her matrimonial house. It is further alleged that due to constant disputes and petty arguments between the Complainant and her In-laws, both Husband and wife started staying in a rented flat in the nearby locality.

9. It is reiterated by the Complainant that she was beaten up on several occasions as he deemed the complainant unchaste who indulged other men, also asserts that she had been abused by Accused no.1 who also threatened to kill her and she insisted on going to her maternal house to attend her brother’s Birthday. The complainant stated that after unrequited recurrent quarrels between the couple, the Accused decided to break all ties with the Complainant after which she was forcefully driven back to her maternal house.

10. The complainant submitted that about 8.00.p.m. on the very same day, she received a call from Accused No.4, to inform her that Accused No.1 has left their house leaving behind a letter in which it was stated that “I am leaving for heavenly abode”. Subsequently, the complainant has filed a complaint for offences punishable under Sections 498(A), 406, 323, 34, 504, 506 of the IPC, 1860. The accused was arrested and was kept in lockup for remand of 15 days. The charge sheet under the said matter is filled. The accused applied for the bail in the Hon’ble session court. Looking to the facts and circumstances of the case, the bail was rejected and hence the Accused challenged the order to session court High court for Bail.

 This problem is the hypothetical moot problem. It is only for the academic purpose having no concern with any of the pending/decided cases before any court and all details and name of parties are fictitious and nothing to do with reality, even if fond similar it is only coincident. Laws of the Indiana are the same as laws of India.

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