school of legal studies and governance career …...hamirpur, belonging to muslim and hindu...

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SCHOOL OF LEGAL STUDIES AND GOVERNANCE CAREER POINT UNIVERSITY HAMIRPUR

ORGANIZING

1ST NATIONAL MOOT COURT COMPETITION

ON

26 OCTOBER 2019

Organizing Committee

Faculty Coordinator:

Dr. Anupam Manhas (Convenor)

Dr. Shashi Bhushan (Secretary)

Student Coordinators:

Mr. Parveen Thakur (8219298411)

Ms. Sunita (9805875335)

Ms. Swati Agnihotri (7807193724)

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School of Legal Studies and Governance

1st National Moot Court Competition

MOOT PROPOSITION

Shabana and Mukesh (a Marine Engineer in Indian Navy), both resident of

Hamirpur, belonging to Muslim and Hindu community respectively, were good

friends since high school. After Mukesh got selected in Indian Navy as marine

engineer, despite of objections from the families of both of them, they decided

to marry each other. Finally they got married in 2011 according to Hindu

ceremonies. The couple got their marriage registered as per the provisions of

The Special Marriage Act, 1954 and in effect a marriage certificate was issued

by the authorities. Families of Mukesh and Shabana gradually accepted this

relationship. Out of this wedlock two children were born in the year 2012 and

2016 respectively.

Shabana was a disciple of Peer wale Baba of Sujanpur since her childhood and

she had unflinching, blind faith on Baba. Even after marriage she continued to

visit the Dargah at Sujanpur. Mukesh was not happy with this practice because

he had heard some rumours that the Baba had an illicit relationship with his

disciples.

In January 2013, after taking voluntary retirement from Indian Navy, Mukesh

went to France for higher studies, Shabana refused to visit foreign nation for

one year, on the advice of Baba. Mukesh left for France alone. Then in April

2015, Mukesh called his wife to join him in France along with their first child.

In January 2016, their second child was born in France. In February 2016, he

came back to Hamirpur along with his wife and two kids.

In March 2016, Mukesh told his family that he has to clear some institutional

formalities at France and he will return after six months. After moving to France

in March 2016, Mukesh got opportunity to work with leading university and he

stayed in France. After September 2016 he severed all his contacts with

Shabana. In France, he had developed an affair with a lady named Emile. In

January 2017, Shabana wrote a letter to Mukesh expressing her willingness to

join Mukesh in France. She also explained that Baba has advised her and

Mukesh to live together under one roof otherwise Peer will curse them. Mukesh

in reply wrote to Shabana that she should not come to France, as he was

interested in getting their marriage dissolved. In December 2017 he got the

citizenship of France.

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In April 2018, he filed a petition for divorce in Trial Court of France on the

ground that his marriage has irretrievably broken down. Shabana could not

contest these proceedings, she having no means to go to France. Parents of

Shabana visited her mother-in-law and asked them to talk to their son. Mother-

in law of Shabana told her parents that in muslim family even four wives are

allowed. Father-in-law of Shabana tried to make Mukesh understand about

Hindu culture but he refused to continue the marriage. Meanwhile on July 30,

2018, the trial court of France granted a divorce decree in favour of Mukesh.

Further, the court ordered that the husband would pay to the wife and children

an amount of Rs.35000 per month for their maintenance.

After the decree of trial court of France, Mukesh and Emile entered in a civil

solidarity pact in August 03, 2018. Mukesh didn’t disclose the fact of ex-parte

decree of divorce and his entering into a relationship with Emile to his parents

and Shabana. Mukesh continued to pay the maintenance amount to Shabana

through crediting the amount in her bank account in months of July, August and

September, 2018.

After paying maintenance for three months Mukesh failed to pay maintenance

to wife and children. Meanwhile Shabana came to know about ex-parte decree

of divorce. Shabana approached the legal aid cell, Hamirpur. Cell helped

Shabana through a letter to the Trial Court of France that she be provided legal

aid. Thereafter, proceedings were initiated and warrants of arrest were issued

against Mukesh. She further said that the ex parte decree of divorce obtained by

the husband was not binding on her and was illegal and that she continues to be

the wife of Mukesh. She further asserted that as per the provisions of The

Special Marriage Act, 1954, the grounds of divorce (on the basis of adultery,

cruelty and desertion) under Section 27 of the Act are available to the wife

under the given set of circumstances. In fact, she is the actual victim, who was

being further victimized by the order of the France, Trial Court.

In December, 2018, Shabana filed a petition under Section 22 of The Special

Marriage Act, 1954, for Restitution of Conjugal Rights in the District Court,

Hamirpur. Mukesh appeared in the Court and filed an application for dismissal

of petition. He referred to the decree of divorce granted by the Trial Court of

France and said that despite of notice, Shabana did not contest the same and by

not raising any objection she is deemed to have accepted the jurisdiction of the

Foreign Court in trying the petition and thus making the decree nisi-absolute by

the Foreign Court. Further, by accepting the maintenance, Shabana again in-

effect accepted the judgment of the foreign Court and is thus estopped from

filing the present petition (Under Section 11 read with Section 151 of Civil

Procedure Code, 1908). The case is pending for adjudication in District Court,

Hamirpur. Prepare memorials and argue from both sides.

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Legal Issues – 1. Whether the marriage of Shabana and Mukesh is valid as per the provisions

of The Special Marriage Act, 1954?

2. Whether non-contest by the wife of divorce petition filed by the husband in a

Foreign Court imply that she had conceded to the jurisdiction of the Foreign

Court?

3. Whether the principle of Res-Judicata under Section 11 of the Civil

Procedure Code, 1908 is applicable to the proceedings being initiated in District

Court, Hamirpur?

4. Whether relationship of Mukesh and Emile is legal?

5. Whether Shabana is entitled to restitution of conjugal rights under The

Special marriage Act, 1954?

(Participants are free to frame any other issue.)

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October 26, 2019

Rules and Guidelines

1. STRUCTURE OF THE COMPETITION:

The Competition will be structured as per the following format:

Preliminary Rounds

Semi Final Rounds

Final Round

2. LANGUAGE

The language of the Competition shall be English.

3. ELIGIBLITY

Students pursuing 3 years/ 5 years undergraduate LL.B. degree course are eligible to

participate in this competition.

4. TEAM COMPOSITION

The team composition, for the competition, shall comprise of three members (two of them

shall be designated as Speakers and one Researcher).

The Researcher may be permitted to argue as Speaker in case of illness or any unforeseen

event, but the permission of the Moot Court Convener in such case shall be mandatory.

5. CODE OF CONDUCT:

Participating teams shall not disclose name and/or identity of their University/ Schools/

Faculties/ Institute to other participating teams before the valedictory session.

Each team shall be assigned alpha numerical codes for the competition and the same shall be

the sole source of identity of the respective teams throughout the competition.

The participating team members shall refrain from wearing, using or carrying any object or

articles such as bags/files/folders/badges/blazers/pins or any other material(s) revealing the

identity of participating University/ Schools/ Faculties/ Institute.

Intake/use/mere possession of any prohibited substance (like cigarette/alcohol/narcotic

substance) is strictly prohibited during the stay throughout the competition, non-compliance

with which may lead to immediate disqualification.

6. DRESS CODE

The participants shall adhere to following dress code when present in any court room during

the Competition:

Girls: White salwar and kurta or white shirt and black trousers along with black coat and

black shoes.

Boys: White shirt, black trousers and black tie along with black coat and black shoes.

Note: The participating teams shall also adhere to the above mentioned dress code while attending the

inaugural and valedictory ceremonies of the Competition.

7. REGISTRATION :

The last date for registration is October 01, 2019

Scanned Copies of duly filled Registration Form signed by the head of the participating

University/ Schools/ Department/ Institute along with scanned copy of online payment

transaction record for Rs. 1500/- shall be sent to [email protected]

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8. MODE OF PAYMENT & DETAILS

The participation fee is payable by the participants through Online Payment (NEFT/IMPS)

(Kindly keep the copy of transaction safely and forward the same with registration form

which should reach us before October 10, 2019).

Particulars : Bank Details

Amount of Fee (Non-Refundable) : Rs. 1500/-

Name of Payee : Chairman Conferences, Career Point University,

Hamirpur (HP)

Name of the Bank : Punjab National Bank

Bank Branch : Kharwar

Bank Account Number : 2993000101041956

IFS CODE : PUNB0299300

9. MEMORIALS

All memorials submitted for all purposes of the Competition shall strictly adhere to the rules

of the Competition. Each Team participating in the Competition must prepare one Memorial

on behalf of Petitioner(s)/ Appellant(s) and one on behalf of the Respondent(s). Further each

team has to submit 5 hard copies of the Memorials from each side. Non-compliance will

entail a penalty of 3 Marks per copy not submitted. Hard copies of the memorial must reach

the organizers latest by 20th October, 2019, failing which, the same shall not be considered

and would lead to disqualification.

Petitioner’s memorials are required to have a Blue cover and Respondent’s memorials are

required to have a Red cover. The memorials shall not contain any form of identification apart

from the team code. If any such identification or mark, symbol, etc. which has the effect of

identifying the team is found on the memorial, then it shall result in instant disqualification. A

penalty of 1 Mark shall be levied in case the memorial is submitted in any other format or as a

multiple file by the team. The hard copy of memorial must be exact replica of the soft copy

submitted with the Organizers. Any difference in the same will result in disqualification from

the Competition.

10. GUIDELINES FOR FORMATTING:

Memorial Structure: The memorial must have following pages only:

i. Cover Page – The cover page shall contain name of the Court on the top, then case title,

title and year of competition (on the left side of the memorial) and team code on the top right

corner.

ii. Table of Contents

iii. List of Abbreviations

iv. Index of Authorities

v. Statement of Jurisdiction

vi. Statement of Facts

vii. Issues Raised

viii. Summary of Arguments

ix. Pleadings /Arguments Advanced

x. Prayer

Team Code: The team code must be ascribed on the top right corner of the cover page.

Content Specifications: The following content specifications must be strictly adhered to:

i. Font and Size (General) - Times New Roman, 12 pts

ii. Line Spacing (General) - 1.5 lines

iii. Font and Size (Footnotes) - Times New Roman, 10 pts

iv. Line Spacing (Footnotes) - Single line

v. Page Margins - 1 inch on all sides

vi. The Hard Copies of the Memorial shall be printed on only one side.

vii. The citation should be uniform throughout the memorials.

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11. MARKING CRITERIA FOR MEMORIALS:

Marking Criteria

Marks Allotted

Evidence of Original Thought 20

Knowledge of Law and Facts 20

Proper and Articulate Analysis 20

Correct format and Citation 20

Extent and Use of Research 20

TOTAL MARKS 100

12. RULES FOR THE ORAL ROUNDS

Draw of Lots:

The match up of teams in Preliminary Rounds shall be determined on the basis of draw of

lots.

In the preliminary rounds, each team shall have to argue twice, once as a petitioner and the

other as a respondent. There will be a draw of lots for choosing the sides.

Each team will get a total of 15 minutes to present their case. This time will not include

rebuttal and sur-rebuttal time (if permitted by the judge(s)). The division of time per speaker

is left to the discretion of the team subject with a minimum of 5 minutes per speaker and not

more than 10 minutes per speaker. Rebuttals can be assigned a time period of not more than 2

minutes.

The oral arguments should be confined to the issues presented in the memorial. The

researcher may sit with the speakers during the oral rounds. Maximum scores for the oral

rounds shall be 50 Marks per speaker per judge. The speakers can provide the copies of the

compendium, only if the same is permitted by the panel of judges in their respective court

rooms.

The oral rounds shall be judged on the following criteria:

Marking Criteria Marks Allotted

Preparation and familiarity with facts 10

Structure of Legal Argument 10

Knowledge & Application of Law 10

Organization, Presentation, Speaking Ability 05

Responsiveness to Questions 05

Persuasiveness and Advocacy 05

Courtroom Etiquette 05

TOTAL MARKS 50

From the preliminary rounds total four teams (4 teams) shall qualify for the Semi-Final

Rounds. For the purposes of qualification from the Preliminary Rounds to the Semi-Finals,

the marks obtained by teams shall be considered as first criteria. In case there is a tie, the

winning difference of their respective rounds shall be taken into consideration. Further, in

case of tie after taking winning scores into consideration, the decision shall be taken on the

basis of the Memorial marks.

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Semi Final Rounds

The Semi Final rounds shall comprise of Four Teams.

The four teams shall be arranged according to the ranking as calculated in the above rule and

the draw for the finals will be as follows:

Rank 1 v. Rank 4

Rank 2 v. Rank 3

.

There will be a draw of lots for choosing the sides.

Each team will get a total of 45 minutes to present their case which will not include rebuttal

and sur-rebuttal time (if permitted by the judge(s)).

The two teams who stand declared as winners of the Semi Final Rounds shall qualify for the

Final Rounds.

Final Rounds:

The Final Rounds shall also take place on October 26, 2019.

There will be a draw of lots for choosing the sides.

Each team will get a total of 60 minutes to present their case which will include rebuttal and

sur-rebuttal time (if permitted by the judge(s)).

The Winner of the Final Round shall be declared Winner of the Competition.

General Rules:

In case of evaluation of all the Rounds except preliminary round, the Memorial Marks shall

not be included to decide the merit.

But in case a tie takes place in the Semi Final or Final Rounds, the marks of the Preliminary

Rounds shall be the basis for deciding the winner.

The decision of the judges with regard to the outcome of the rounds shall be final.

The decision of organizing committee on the draw of lots, match-making and procedure

thereof shall be final.

Scouting:

Teams shall not be allowed to observe the orals of another team, unless they have been

officially knocked-out of the competition. Scouting is strictly prohibited. Scouting by any team shall

entail instant disqualification.

PRIZE DISTRIBUTION

The winners and other participants will be awarded prizes and certificates of participation at the

valedictory session.

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REGISTRATION FORM (Scanned copy of duly filled registration form should be sent to [email protected])

Name and Address of

the Institution/University :…………………………………………………………………………...

…………………………………………………………………………...

Details of the Fee/Transaction No. : …………………………………………………………………………...

TEAM CODE

……………………………

(To be assigned by the

Organizing Committee)

Details of the Speaker (1)

Name : ……………………………………………......

Course and Semester : ……………………………………………......

Contact No. & email : ……………………………………………......

Signature : ………………………….

Details of the Speaker (2)

Name : ……………………………………………......


Contact No. & email : ……………………………………………......

Signature : ………………………….

Details of the Researcher

Name : ……………………………………………......


Contact No. & email : ……………………………………………......

Signature : ………………………….

Declaration by HOD/ Dean:

I hereby declare that I and my team are aware of the rules and regulations framed by the organizers for

the competition and will abide by the same. Our team will not refrain from the competition once registered

without justifiable grounds.

Signature with Seal of the HOD/Dean

(Note: No TA/DA will be provided to participants. Paid accommodation may be provided on

request through e-mail.)



October 26, 2019

school of legal studies and governance career …...hamirpur, belonging to muslim and hindu...

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