Professional Documents
Culture Documents
Moot Problem Civil Case
Moot Problem Civil Case
BEFORE
IN THE MATTER OF
/2020
Page 2 of 12
TABLE OF CONTENTS
LIST OF
ABBREVIATIONS……………………………………………………………………..
INDEX OF
AUTHORITIES………………………………………………………………………
STATEMENTOF FACTS…………….
…………………………………………………………..
STATEMENT OF JURISDICTION………..……………………………………………..…..
SUMMARY OF ARGUMENT.....................................................................…...
ARGUMENTS ADVANCED……………………………………………………………….…...
PRAYER…………………………………………………………………………………….
………
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LIST OF ABBREVIATIONS.
&…………………………………………………………………..………………………And
AC…………………………………………………………………………………..Appeal
Cases AIR…………………………………………………………………………..All India
Reporter
App………………………………………………………………………………………Appeal
Art……………………………………………………………………………………….Article
Cl…...………………………………………………………….………………………...Clause
Ed………………………………………………………………………………………..Edition
HC……………………………………………………………………………………..High
Court
Hon’ble……………………………………………………………………………..Honorable
ibid……………………………………………………………………………………...Ibidium
ILR.………………..……………………………………………………….Indian Law Reports
LR………………..………………………………………………………………..Law Reports
No………………..……………………………………………………………………..Number
Ors…………………...
……………………………………………………………………...Others
PC……………………...………………………………………………………..…Privy
Council
RP……………………………………………………………………………….Review
Petition SC…………………………...……………………..……………………………
Supreme Court SCC………...……………………………………….……………………
Supreme Court Cases SCR…………..………………………….
…………………………..Supreme Court Reporter SLP………..
…………………………………………………………….Special Leave Petition U/A……..
………………………………………………………………………...Under Article
UOI…...……………………………………………………………………….…Union of India
vs.………….……………………………………….…………………………………….Versus
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Sawan Ram & Others vs Kala Wanti & Others on 19 April, 1967
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STATEMENT OF FACTS Counsel for the Petitioner respectfully showeth Arohi was a
middle-class, upper caste Hindu residing in Noida. He married Aruna in the year 1977.
Aruna gave birth to a daughter Mala in 1978, and a son in 1980. They were happy at
the thought that their family was complete. However, in unfortunate turn of events,
their son died in an accident at home when he was two years old. They were very
upset but tried to have another child and with God’s grace, Aruna gave birth to another
son in the year 1983.Looking at his horoscope, the pandit suggested special ritual to
be followed every month for the welfare of this son till the age of five as there was
danger to his life till that time. Despite observance of the ritual with full reverence by
the couple, this son also died in a road accident just as he turned five years old. The
couple was completely devastated. They were apprehensive that another child may
meet the same fate if they tried for another child. However, they tried and yet another
son was born to them third time in the year 1990. On his naming ceremony, they
consulted the astrologers and were advised to give away that child in adoption to a
person of the lower caste ifthey wanted this child to live. They named him Kaushal and
decided to give him in adoption. Their sweeper, Maina Devi, a 50 year old widow with
no children agreed to take the child in adoption and to give him back to them for his
bringing up as she did not have the means to bring him up. In a formal ceremony
Kaushal was given to Maina Devi by Arohi and Aruna and was taken by Maina Devi.
Thereafter, she gave him back to the couple for bringing him up onher behalf. Maina
Devi kept visiting them regularly and gave something for Kaushal every month till he
was ten years old when she died. In the meanwhile, in the year 1994 another son was
born to Arohi and Aruna and he was named Balraj. The fact of adoption of Kaushal
was treated by Arohi and Aruna as a formality to save his life and he was brought up
by Arohi and Aruna as their son with Mala and Balraj. Arohi died intestate in the year
2012. Aruna decided to divide the property in four equal shares, one each for herself,
Mala, Kaushal and Balraj. Mala and Balraj objected to it and demanded 1/3 share in
Page 6 of 12
the property as Kaushal had no right having been given in adoption to Maina Devi.
Aruna’s pleas that the adoption was a mere ritual carried out on the advice of the
astrologer to save Kaushal’s life but without any intention actually to give him up, had
no effect on them. They maintained that the adoption was legal and complete when
Kaushal was given and taken in adoption with a free will. Unable to resolve their
dispute, Mala and Balraj filed a suit for division of property and declaration that
Kaushal was not an heir to any property of Arohi in the absence of a will. The lower
court decreed in favour of the plaintiffs. Aruna and Kaushal filed an appeal against the
order asking for an equal share to Kaushal in the suit properties being the natural born
son. They pleaded that the adoption was not valid in the absence of the intention to
really give him in adoption. Alternatively, they pleaded that the adoption was bad as
Aruna’s consent was vitiated having been given under the mistaken belief that it was a
religious ceremony aimed at saving the life of her son. In addition, it was submitted
that an adoption that put the child in situation of deprivation cannot be held valid and
binding being contrary to the principle of best interest of the child.
STATEMENT OF JURISDICTION
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The Hon’ble Court has the jurisdiction in this matter under section 104 of CPC.
The Counsels for the Respondent most respectfully submit to this jurisdiction of the
Hon’ble High Court.
STATEMENT
OF ISSUES
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1. WHETHER
SUMMARY
OF
ARGUMENTS
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1. WHETHER
There is no right of respondent to get equal share in property as there was giving and
taking ceremony performed and adoption was executed and after adoption, the
adopted son/daughter lose all the rights of a son/daughter in their biological family,
including the right to claim any share in the estate of the biological father or relations,
or any stake in the coparcenary property.
Page 10 of 12 •
s. 6 read with s. 9 (2) of the Hindu Adoptions and Maintenance Act as the son was
given in adoption by his mother, even though his father
was alive; and (ii) under the Hindu
Under the Shastric Law if a child was adopt by a widow, he was treated as a
naturalborn child.
Section 11 (vi) of Hindu adoption and maintenance Other conditions for a valid
adoption, the child to be adopted must be actually given and taken in adoption by the
parents or guardian concerned or under their authority with intent to transfer the child
from the family of its birth 1 [or in the case of an abandoned child or child whose
parentage is not known, from the place or family where it has been brought up] to the
family of its adoption
UNDER
SECTION
12B
OF
HINDU
ADOPTION
Hindu family is “formal” and according to the Riwaj-i-am an adopted son is excluded
from the right to inherit in his natural inheritance
after the adoption the adopted son loses all the rights in the natural family and
becomes a member of the adoptive family, and becomes a member of the adoptive.
properties of the joint family prior to the adoption but having regard to the fact that by
an adoption into some other family the adopted person completely loses all his rights
in the natural. Property which he gets from his natural family subsequent to the
adoption could not be treated to be the ancestral property in his hands.
On adoption the person to whom he is adopted becomes the appellant that after the
adoption the adopted son loses all the rights in the natural family and becomes a
member of the adoptive family, and becomes a member of the
AND
Page 11 of 12 adoptive. Properties of the joint family prior to the adoption but having
regard to the fact that by an adoption into some other family the adopted person
completely loses all his rights in the natural ...property which he gets from his natural
family subsequent to the adoption could not be treated to be the ancestral property in
his hands.
PRAYER For the reasons aforesaid, in the light of issue raised, arguments advanced
and authorities cited, it is humbly submitted before this hon’ble court that it may be
pleased to adjudge and declare that •
Page 12 of 12 And pass any order, direction or relief that it may deems fit to meet the
ends of justice, equity And good conscience. And for this the Respondent as in duty
bound, shall humbly pray.