Family Law Moot Problem

 

Family Law Moot Problem

1) Mr. Ramesh, a Hindu by religion married Miss. Ranjana on 16 th March, 2012 as per Hindu rituals. Thereafter they resided in the matrimonial home with the parents of Mr. Ramesh. Mr. Ramesh’s 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. 2) Miss. Ranjana delivered a baby girl on 25th September, 2014 and thereafter differences arose  between them. Ramesh Ramesh’s ’s mother continuously 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. 3) 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 an d return to her parent’s house.  house.   Snever even visit his daughter because Ranjana was never available. Finally, on 2nd  August 2016, 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 U sha marked as ‘refused to accept’. The family court considering it as good service proceeded with the matter. 5) 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. 6) On 14th  December 2017 Ramesh married Miss Priyanka, a Hindu by religion. Priyanka conceived Ramesh’s Ramesh’s child and was  was  due for delivery on 5 th  September 2018. Meanwhile, Mrs. rd

Ranjana an against application on 3  April 2018Court beforegranting the High for condonation delay for filingfiled appeal the decree of Family exCourt, parte decree to Rameshofstating 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 Ramesh’s ’s mother and hence decided to leave the matrimonial house but never d esired to sever the matrimonial bond. Decide.

  1