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Moot Court Exercise and
Internship: A Summary of Legal
Experiences
MOOT COURT EXERCISE AND INTERNSHIP
(CLINICAL): 3LM 328
MOOT COURT PROBLEM - 1
The present application is being filed by the petitioner (Gulistana Begum) under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005.
The petitioner and the respondent no. 1 (Sk. Zainul Akhtar) are legally wedded husband and wife, and their marriage was solemnized on 14.02.12 as per the Muslim custom and tradition.
After the marriage, the petitioner and respondent no. 1 cohabited together at their matrimonial house for three months, after which the respondent no. 1 left for service to Himachal Pradesh as he was an Army officer.
On 31.03.13, the petitioner gave birth to a girl child.
The respondent no. 1 did not come to meet the petitioner and their minor daughter even after receiving the news.
After giving birth to the girl child, the behavior of the petitioner's in- laws (respondents no. 2 and 3) gradually started changing towards the petitioner and became so worse that it was not possible for the petitioner to stay there. However, the petitioner was staying there for the sake of society and rearing of the girl child.
The petitioner tried to inform the respondent no. 1 about her miserable condition, but the respondent no. 1 paid no heed to her request and did not come to meet her even once.
Thereafter, one day, the in-laws (respondents no. 2 and 3) of the petitioner tried to drive her out of their house, but the petitioner managed to stay there.
The petitioner had no choice other than filing an FIR before the Local Police Station, which was registered under Sections 498A and 307 of the Indian Penal Code against the husband (respondent no. 1), mother- in-law (respondent no. 3), father-in-law (respondent no. 2), and sister- in-law due to their grievous behavior.
On the same day, the respondent no. 1 sent a "Talaq Nama" to the petitioner, stating that the petitioner was divorced one month before the day by "Talaq tin" and there is no more relationship between them.
After the "Talaq" between the respondent no. 1 and the petitioner, the in-laws (respondents no. 2 and 3) threw her out from her matrimonial house and forced her to stay in another accommodation where she has no sufficient means to maintain herself and her minor girl.
The petitioner then, on the advice of her Advocate, approached the Court of S.D.J.M., Bhubaneswar under Section 12 of the Domestic Violence Act, 2005, for the order mentioned under Section 23 of the Act in the nature of Interim Maintenance.
The petitioner further states that she was the legally wedded wife of the respondent no. 1, and therefore, she is entitled to be maintained by the respondent no. 1 during the period of observation of "Iddat" (i.e., 3 months) even after the Dissolution of Marriage as per the Muslim Personal Law.
Furthermore, the petitioner is entitled to get a reasonable and fair sum of money (including maintenance) from the respondent no. 1, which would exceed beyond the "Iddat" period for her future and for maintaining her minor daughter, as the petitioner has no means to maintain her livelihood.
The Protection Officer has submitted a report of domestic incident under Section 12(1) proviso of the Domestic Violence Act, 2005.
The petitioner humbly submits the following heads of money are presently required for the petitioner and her minor daughter to maintain their lives: A. An amount of Rs. 5000 for educational expenses of her daughter B. An amount of Rs. 5000 for household expenses C. An amount of Rs. 3000 for Transportation D. An amount of Rs. 5000 for medical and other expenses for the petitioner and her daughter. Thus, the petitioner requires the payment of Rs. 18000 to be made for the maintenance and her daughter.
The petitioner is residing under the territorial jurisdiction of the Court, and the Court be pleased to entertain this petition.
FIRST INFORMATION REPORT (F.I.R.) U/S 154 Cr. P.C.
The petitioner, Gulistana Begum, wants to register an FIR against her husband (Sk. Zainul Akhtar), mother-in-law (Sabana Akhtar), father-in-law (Sk. Abdul Akhtar), and sister-in-law, as they treated her in a bad way and tortured her to leave her in-law's house. They tried to drive her out of their house, and her husband (Sk. Abdul Akhtar) did not pay any attention to her present situation. The petitioner's in-law's behavior is so grievous that she is unable to reside there, and it is also harmful for her newborn baby girl.
The petitioner requests the authorities to take note of her present egregious condition and kindly register her FIR in the subject matter.
suit. Pronouncement of judgment is not a part of the hearing of the suit. Therefore, in the present case, the evidence has already been closed, and the hearing has been completed, only the judgment to the suit remained to be pronounced. Hence, the application by the defendant under Order IX Rule 7 is not maintainable.
Elaboration of the Text
Introduction
The given text discusses a legal case where the plaintiff, Horse Power Equipment Ltd. and Mr. Ashok Agarwal, have filed a complaint against the accused, Hot News Channel, for making defamatory and derogatory news against them. The complaint is filed under Sections 190 and 200 of the Code of Criminal Procedure, 1973 read with Sections 499, 500, 469, and 503 of the Indian Penal Code.
Complainants' Allegations
The complainants are eminent personalities in the business field, with Complainant No. 1 being a multinational company and Complainant No. 2 having a good reputation in the market. The accused channel telecasted a "BREAKING NEWS" on 16.03.2017, claiming that there was a scam in the agriculture sector involving the provision of farm equipment, and that the Complainant No. 1 company and its higher officials were involved in the scam, with Complainant No. 2 being the mastermind behind a ₹1000 crore scam. The news and a flow chart continuously displayed on the television screen portrayed Complainant No. 2 as the mastermind behind the entire scam, but the source of this information was not revealed. The complainants assert that the entire news was fake and scripted, with the sole intention of the accused channel being to take undue advantage from the Complainant No. 1 company and to portray a huge scam to the tune of ₹1000 crores. The Complainant No. 2 has no connection with the alleged scam and was not the mastermind behind it, as portrayed by the accused channel. The fake news was uploaded on various YouTube channels, websites, and social media platforms, leading to its rapid transmission and causing severe mental agony and financial damage to the complainants. The complainants have suffered humiliation and severe loss of reputation in the eyes of the public due to the defamatory and derogatory news.
Prayer
In light of the aforementioned facts and circumstances, the complainants pray before the Court of SDJM, Bhubaneswar, that: 1. The court may be pleased to receive the complaint, take cognizance of the matter, and issue summons to the accused news channel, proceeding against it and trying it for the offences under Sections 499, 500, 469, and 503 of the Indian Penal
Code, and awarding appropriate punishment. 2. The court may award compensation in the form of damages to the respective complainants. 3. Any other order that the court deems fit in the interest of justice.
Verification
The complainants, Horse Power Equipment Ltd. and Mr. Ashok Agarwal, have solemnly verified that the contents of the complaint are true and correct to the best of their knowledge, and no part of it is false or material has been concealed.
Elaboration of the Text
Property Dispute and Criminal Allegations
The client, Mr. Prayas Sarangi, has a property dispute with Mr. Sekhar Dash (also known as Vicky) over a 4-acre agricultural property located near Press Chowk. The civil case regarding this property dispute has been pending in the Cuttack court for about a year, and the client is awaiting the court's judgment, confident that they will win the case.
Mr. Sekhar Dash, the opposing party, is described as a "wicked person in the village" who has planned to put Mr. Prayas Sarangi and his family members in more legal trouble. In a purported act of burglary, Mr. Sekhar Dash has filed a false FIR against Mr. Prayas Sarangi and his family members, alleging that they committed the burglary in his house on December 3, 2020.
The police have conducted raids on the house of Mr. Prayas Sarangi and his relatives in an attempt to arrest them in the false burglary case. To avoid arrest, Mr. Prayas Sarangi has hidden himself in his relative's house.
Mr. Prayas Sarangi had previously filed an FIR against Mr. Sekhar Dash and his associates, but the matter was resolved at the police station after police intervention.
The client has heard from the villagers that Mr. Sekhar Dash is planning to take revenge on Mr. Prayas Sarangi, but the client has not informed the police about this apprehension or had it recorded in the police diary.
Advocate's Advice and Legal Remedies
The advocate, Mr. Pradip Patnaik, has advised the client to apply for anticipatory bail to avoid arrest in the false burglary case filed by Mr. Sekhar Dash.
The advocate has suggested that the anticipatory bail application should be filed first in the court of the Sub-Divisional Judicial
