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Moot Court Competition , 2019

FACTS OF THE CASE

1. Ms. Priyanka (a graduate of Engineering from VNIT Nagpur) got

married to Mr. Nishant (a graduate from IIM Shilong) on 28th July,

2017 at Nagpur according to Hindu rites and customs. Both Nishant

and Priyanka are well qualified Engineers. Families of both Priyanka

and Nishant resided at Nagpur. However, Nishant was working and

staying at San Francisco, United States and had salary of INR 2.5 lac

per month. Marriage of Priyanka and Nishant was an arranged

Marriage.

2. On 29th July 2017 itself newly married couple went to USA and

started cohabiting at residence of Nishant and on 3 rd September, 2018

Priyanka alone returned back to Nagpur to her parents without

informing Nishant & for the first time after wedding.

3. As Priyanka appeared in distress her parents enquired with her

about reason for her distress. Priyanka informed that, Nishant was a

man of perverted desires and preferred having intercourse against the

order of nature. While in early days of marriage Priyanka raised

objection to such relations later she had made her peace with it and
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through unwillingly she stopped objecting to such intercourse.

According to Priyanka, her silence finally took toll on her mental

health and when she refused to have physical relations with Nishant,

he became emotionally distant & started ignoring her. Finally when

Priyanka could not handle the situation, she returned to India without

informing Nishant.

4. When parents of Priyanka called Nishant to inform him that

Priyanka had returned to them, firstly he was relieved to know that

she was safe. However, when he was informed about the reason

behind her leaving he was utterly surprised. Nishant informed that, he

was a man of particular tastes and Priyanka was very much aware of

the same since before their marriage & she never voiced her protest.

Nishant further informed that, though Priyanka was very well

qualified she refused to work professionally in USA & also refused to

take care of household chores. According to Nishant, Priyanka only

preferred to spend extravagantly on her cloths, parties and other

luxurious items. He informed that, inspite of his multiple attempts to

tell her to control her spending, she did not listen to him and hence

just a month before he had told her that he will be taking her credit
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card away. He informed that since then she was refusing to have any

physical relations with him.

5. Parents of Priyanka told Nishant that, he should not have

intercourse with Priyanka against the order of nature. However

Nishant informed them that, it was one of his primary conditions

before marriage and Priyanka had willingly accepted it. He informed

them that, Priyanka was merely making a scene as he was not letting

her continue with her extravagant lifestyle.

6. On 6th September 2018 Priyanka approached City police station

(Nagpur) to lodge complaint against Nishant. Officers of City police

station registered an First Information Report against Nishant as

Crime No. 47/18 for offences under section 498A, 377 of Indian Penal

Code.

7. On 7th September 2018 Priyanka also filed Proceedings under

the provisions of domestic violence act against Nishant before the

learned court of chief judicial magistrate, Nagpur inter alia making

allegations of mental, physical & even economic violence. In those

proceedings, Priyanka also filed an application for grant of interim

maintenance. Nishant in turn filed his reply to the said proceedings

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and applications therein, stating that there has not been any violence

and hence Priyanka was not entitled to any maintenance under the

provisions of Domestic Violence Act.

8. The learned magistrate on 27 th Dec. 2018 however allowed the

application filed by Priyanka for interim maintenance and granted

maintenance to the tune of INR 1,00,000/- per month.

9. That, prior to decision of the learned Chief Judicial Magistrate,

Nishant had filed an application before Hon’ble Nagpur Bench of

Bombay High Court under section 482 of Code of Criminal Procedure

inter alia seeking quashing of First Information Report registered as

Crime No. 47 of 2018 at City Police station, Nagpur. The Hon’ble

Division Bench of the High Court was pleased to issue notice to the

complainant in the said matter & till then further investigation in the

said First Information Report was stayed.

10. After decision of the learned Chief Judicial magistrate granting

maintenance to Priyanka, Nishant filed a petition under article 227 of

Constitution of India, before Hon’ble Nagpur Bench of Bombay High

Court inter alia challenging the said order. The Hon’ble High Court was

pleased to issue notice to Priyanka in the said matter and by way of

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interim relief stayed effect and operation or order dated 27 th Dec.

2018 passed by the Chief Judicial Magistrate in the Domestic Violence

complaint filed by Priyanka.

11. That, Hon’ble High Court, in its discretion, clubbed both the

matters and kept for final hearing on ____/____/2019.

12. Parties to argue matters for Final Hearing before the Hon’ble

High Court at Nagpur.