GROUP NO.

GURU NANAK DEV UNIVERSITY, AMRITSAR

DEPARTMENT OF LAWS

CIVIL MOOT COURT, 2023

IN THE HON’BLE FAMILY COURT OF DELHI, INDIA

UNDER SECTION 7 OF THE FAMILY COURTS ACT, 1984

IN THE MATTER OF

MR. DIGVIJAY SINGH …PETITIONER

VERSUS

MRS. PHALGUNI …RESPONDENT

UPON SUBMISSION TO THE HON’BLE FAMILY COURT OF DELHI, INDIA

MEMORIAL SUBMITTED ON BEHALF OF PETITIONERS1

1
SUBMITTED TO :- SUBMITTED BY:-
DR. MEENU CHOPRA HARMANJOT KAUR
ASSOCIATE PROFFESSOR LLB(TYC) SEM 5 TH
DEPARTMENT OF LAWS 17112109005

MEMORIAL ON BEHALF OF THE PETITIONER 1

 GURU NANAK DEV UNIVERSITY, AMRITSAR

DEPARTMENT OF LAWS

CIVIL MOOT COURT, 2023

MEMORIAL SUBMITTED ON BEHALF OF PETITIONERS

SUBMITTED TO :- SUBMITTED BY:-

DR. MEENU CHOPRA HARMANJOT KAUR
ASSOCIATE PROFFESSOR LLB(TYC) SEM 5TH
DEPARTMENT OF LAWS 17112109005

_________________________ ___________________________

SIGNATURE OF TEACHER SIGNATURE OF ADVOCATE

MEMORIAL ON BEHALF OF THE PETITIONER 2

 TABLE OF CONTENTS

INDEX OF AUTHORITIES.........................................................................................................5

TABLE OF CASES........................................................................................................................5

STATEMENT OF JURISDICTION............................................................................................ 8

STATEMENT OF FACTS...........................................................................................................10

STATEMENT OF ISSUE............................................................................................................13

SUMMARY OF ARGUMENTS................................................................................................. 14

ARGUMENTS ADVANCED...................................................................................................... 15

ISSUE RAISED 1.........................................................................................................................15

WHETHER THE DIVORCE COULD BE GRANTED TO DIGVIJAY SINGH ON THE
BASIS OF ADULTERY?.............................................................................................................15
ISSUE RAISED 2.........................................................................................................................17
WHETHER THE CONTESTING RESPONDENT HAVE ILLICIT RELATIONSHIP
WITH COUNSELOR DHRUV?................................................................................................17
ISSUE RAISED 3.........................................................................................................................18
WHETHER THE APPELLANT INFLICTED CRUELTY ON CONTESTING
RESPONDENT?..........................................................................................................................18
ISSUE 4.........................................................................................................................................20
WHETHER PHALGUNI IS ENTITLED TO RESTITUTION OF CONJUGAL RIGHTS
AND INTERIM MAINTENANCE?.........................................................................................20
WHETHER THE CUSTODY SHOULD BE GRANTED TO DIGVIJAY SINGH?.............22

PRAYER CLAUSE......................................................................................................................27

MEMORIAL ON BEHALF OF THE PETITIONER 3

 TABLE OF ABBREVIATIONS

A.I.R All India

Reporter
ANR. Another
ART. Article
HON’BLE Honorable
LTD. Limited
ORS. Others
U/S. Under Section
S.C. Supreme Court
S.C.C. Supreme Court
Cases
D.M.C. Divorce and
Matrimonial
Cases
V. Versus

MEMORIAL ON BEHALF OF THE PETITIONER 4

 INDEX OF AUTHORITIES
TABLE OF CASES
S.No. Case Citation
1 Joseph Shine v. Union of (2018) SC 1676
India
2 Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558
3 Parveen Mehta v. Indrajit (2002) 5 SCC 706
Mehta
4 Amit Kumar v. Suman 2021 SCC OnLine SC1270
Beniwal
5 Dastane v. Dastane Air 1975 SC 1534
6 Amardeep Singh v. Harveen (2017) 8 SCC 746
Kaur
7 Roopa Rani v. Kamalnarayn 2023 SCC OnLine SC 1127
Soni
8 Ramanandhan v. Raji 2023 SCC OnLine 8359
9 Smt. Gurpreet Kaur vs Shri HC Judicature, FIRST
Rajeev Singh APPEAL DEFECTIVE NO.
6 OF 2011
10 S. vs M.K. -2018
11 G. Suhasini vs. G. Vinod (2022) TLHC
Kumar Reddy
[1]
12 Joginder Singh vs. (2022) PHHC
Rajwinder Kaur
[1]
13 Raj Talreja vs Kavita (2017) CIVIL APPEAL NO.
Talreja 10719 OF 2013
14 Ms. Pooja Wahie vs Sh. (2017) Criminal Appeal
Gagan Uppal (Husband) no.14/17
15 Hari Har Raj Kalingarayar vs -2018

MEMORIAL ON BEHALF OF THE PETITIONER 5

 Aarti
16 KN v. RG (Delhi HC) -2019
17 T. Sreetha v. T. Venkata 1983
Subbaiah
18 Dr. V. Sridevi vs Dr. C.S. 2019
Mani
19 Vikram Vir Vohra v. Shalini AIR 2010 SC 1675
Bhalla
20 Yashita Sahu v. State of (2020) 3 SCC 67
Rajasthan
21 Carla Gannon v. Shabaz Criminal W P No. 509 of
Farukh Allarakhia 2009 (BOM HC)
22 Nil Ratan Kundu v. Abhijit ((2008) 9 SCC 413: AIR 2009
Kundu SC (Supp) 732)
23 Sheila B. Das v. P.R. (2003) 3 SCC 62
Sugasree
24 Mridangra J. Hira Lal Suchak 1983 SC Civil appeal no. 69
V. Neena M Suchak of 1980 D.M.C. Page 360
25 Sanju V. Sobhanath (1994) Allahabad HC
26 Shaleen Kabra vs. Shiwani CIVIL APPEAL NO. 4308
Kabra OF 2012, (Arising out of
Special Leave Petition ©
No. 13254 of 2011)
27 Farjanbi v. Sk. Ayub (1989) Bombay high Court
Dadamiya
28 Jitendra Arora v. Sukriti (2017) 3 SCC 726, Latest
Arora caselaw 147 SC
29 Y. Varlakshmi V. Y. Kanaka (1998) APHC
Durga Prasad
30 Ms. Kala Aggarwal V Suraj (1992) Crl Writ No. 248 of

MEMORIAL ON BEHALF OF THE PETITIONER 6

 Prakash Aggarwal & ORS 1991, D.M.C. page 67
31 Prakash v. Shashanka 2020

LIST OF STATUTES REFERRED

1. FAMILY COURTS ACT, 1984

2. HINDU MARRIAGE ACT, 1955

3. HINDU MINORITY AND GUARDIANSHIP ACT, 1956

4. THE GUARDIANS AND WARDS ACT, 1890

LIST OF BOOKS REFERRED

1. LAW OF MARRIAGE AND DIVORCE, PARAS DIWAN AND PEEYUSHI

DIWAN (7TH ED.)

2. NARENDRA KUMAR - CONSTITUTION OF INDIA, (2019 ED.)

3. M.P. JAIN – INDIAN CONSTITUTIONAL LAW, LEXIS NEXIS (8TH ED.)

MEMORIAL ON BEHALF OF THE PETITIONER 7

 STATEMENT OF JURISDICTION

The present case is being filed before the Hon'ble Family Court of New Delhi under Section
13(1) of the Hindu Marriage Act, 1955. The jurisdiction of the Family Court is invoked as the
matter involves a suit or proceeding filed in January 2022, between the parties to a marriage for
dissolution of marriage, which falls under the ambit of suits and proceedings referred in Section
7 of the Family Courts Act, 1984, which reads as –

“(1) Subject to the other provisions of this Act, a Family Court shall-
(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil
court under any law for the time being in force in respect of suits and proceedings of the nature
referred to in the explanation; and
(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district
court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of
the Family Court extends.
Explanation. -The suits and proceedings referred to in this sub-section are suits and proceedings
of the following nature, namely: -
(a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage
(declaring the marriage to be null and void or, as the case may be, annulling the marriage) or
restitution of conjugal rights or judicial separation or dissolution of marriage;
(b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial
status of any person;
(c) a suit or proceeding between the parties to a marriage with respect to the property of the
parties or of either of them;
(d) a suit or proceeding for an order or injunction in circumstances arising out of a marital
relationship;
(e) a suit or proceeding for a declaration as to the legitimacy of any person;

MEMORIAL ON BEHALF OF THE PETITIONER 8

(f) a suit or proceeding for maintenance;
(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access
to, any minor.”

(2) Subject to the other provisions of the Act, a Family Court shall also have and exercise –

(a) the jurisdiction exercisable by a Magistrate of First Class under Chapter IX (relating to order
for maintenance of wife, children and parents) of the Code of Criminal Procedure,1973(2 of
1974); and

(b) such other jurisdiction as may be conferred on it by any other enactment.

The present case is maintainable before this Hon'ble Court as the cause of action arose within the
territorial jurisdiction of this Hon'ble Court and the Parties are situated within the jurisdiction of
the Hon'ble Court.

MEMORIAL ON BEHALF OF THE PETITIONER 9

 STATEMENT OF FACTS

1) Digvijay Singh and Phalguni got married in January 2015. Both of them were working in
Multi-National Companies at the time of their marriage. Digvijay Singh was the CEO of his
company at Delhi and lived in the posh locality. Phalguni was working as a manager in Mohali.
She however had to leave her job as she had to shift to Delhi with Digvijay Singh and his family.
Marriage was performed as per Hindu rites in the presence of their families.

2) In August 2016, Phalguni got a lucrative job offer which she had to refuse because Digvijay
Singh was not in favor of her going out to work during her pregnancy. She was quite unhappy
with this decision of Digvijay Singh and felt frustrated. In March 2017, the couple was blessed
with a daughter. Digvijay Singh and his family were not very happy with the birth of a girl child
named Chandni.

3) Digvijay Singh was very busy in his work and was unable to give time to his family. He would
stay out of the house for long hours and would also travel out of the city for work. Phalguni
found him talking secretly no. of times with his secretary on the phone. Kavita is Digvijay
Singh’s secretary and was working in Digvijay Singhs Company for a decade and she was
committed to her work. Phalguni tried to read Kavita and Digvijay Singh’s what’s app chat
regarding the meetings organized in the evening. Often when Phalguni would call on Digvijay
Singhs mobile phone, Kavita would answer. Digvijay Singh and Phalguni had regular fights
because of this.

4) Phalguni started looking for a job as their daughter grew few months old but Digvijay Singh
insisted that she should stay at home and look after her daughter. Phalguni was not happy
because of Digvijay Singh’s behavior and she shared it with her parents on several occasions.
But her parents would ask her to adjust. She lost interest in all the daily activities. She was

MEMORIAL ON BEHALF OF THE PETITIONER 10

constantly looking for Digvijay Singhs attention but he was very busy with his work as he was
appointed as the Vice President of the National Board of Industries.

5) One evening in June 2021 Digvijay Singh had a meeting with his client. Phalguni had
apprehension that Digvijay Singh was going with Kavita and that it was not an official meeting.
She kept waiting for him to come back home and called him several times, he did not answer.
Digvijay Singh came back home around 2:00 AM. On his coming back Digvijay Singh and
Phalguni had an ugly fight.

6) Phalguni got fed up and left the house and took their daughter with her. Her parents were
upset in seeing her condition and tried to console her. After seeing her condition for a couple of
days her parents approached Mr. Dhruv, a Counsellor whom they consulted earlier for Phalguni.

7) Phalguni was initially reluctant to share things with Dhruv who made her comfortable and
made her understand that whatever conversation they have, that would be confidential. She
opened up to Dhruv about her matrimonial life and her relationship with Digvijay Singh. She
told Dhruv that she was an ambitious and bubbly girl before she got married. Phalguni visited
Dhruv’s clinic regularly. With the passage of time, Phalguni started showing improvement in her
behavior. There were a lot of instances where Dhruv would visit Phalguni at her home just to
check whether she was doing fine. He too started liking spending time with her.

8) Phalguni’s parents being of a conservative mindset convinced Phalguni to give another chance
to her marriage and insisted that she should go back to her husband. After much persuasion from
her parents, she decided to go back. Dhruv went silent on hearing about Phalguni’s decision of
going back to Digvijay Singhs place.

9) Once she got back, initially things between them were fine. With time Digvijay Singh again
started coming back home late. He was very busy. Phalguni was really upset and shared
everything with Dhruv. She would talk to Dhruv quiet often during the day. In the presence of
Digvijay Singh, Phalguni would disconnect the call. On many occasions Digvijay Singh secretly
snooped through her phone. He found majority of the calls received and dialed were from and to
Dhruv. Digvijay Singh confronted Phalguni and she clarified that Dhruv was just a friend and on
the other hand she blamed Digvijay Singh that he was involved with Kavita.

MEMORIAL ON BEHALF OF THE PETITIONER 11

10) In November 2021 Dhruv was in Delhi to attend a Conference so he visited Phalguni’s
house. Phalguni felt happy and enjoyed spending time with him. Phalguni also started going out
of the house for long hours. Dhruv took good care of her and helped her in overcoming the
problems she was facing in her present life. One day Digvijay Singh came home and found
Dhruv at his house. Phalguni introduced Dhruv as her friend to Digvijay Singh. Digvijay Singh
found out from the talk that Dhruv visited his house earlier also. His daughter Chandni told her
father “That tell uncle to go back.”

11) Both Digvijay Singh and Phalguni had a big fight and in a fit of anger Digvijay Singh asked
Phalguni to choose between him and Dhruv. On keeping quiet, he forcibly threw her out of the
house and said never come back ever. Phalguni left the house with her daughter. Phalguni’s
parents called Digvijay Singh to amicably settle the matter but he refused point blank. When
Dhruv got to know that Phalguni is back at her parents’ house, he offered her to join his hospital
as Floor Manager knowing Phalguni always wanted to be a financially independent woman.

12) After coming back to her parent’s house, she got to know about her pregnancy. She
immediately called Digvijay Singh to share the good news with him. Digvijay Singh denied
being the father of the child. Whereas Phalguni insisted that Digvijay Singh was the father of the
child.

Digvijay Singh files for Divorce at Family Court Delhi in January 2022 on the ground of
Adultery and also asks for the custody of his daughter. Phalguni denies this and files of
Restitution of Conjugal Rights and Interim Maintenance.

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 STATEMENT OF ISSUE

1. Whether the divorce could be granted to Digvijay Singh on the basis of adultery?
2. Whether the contesting respondent has illicit relationship with her counsellor Dhruv?
3. Whether the appellant inflicted cruelty on contesting respondent?
4. Whether Phalguni is entitled to restitution of conjugal rights and interim Maintenance?
5. Whether the custody should be granted to Digvijay Singh?

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 PRAYER CLAUSE

MEMORIAL ON BEHALF OF THE PETITIONER 14

Wherefore in the light of the issues raised, arguments advanced and authorities cited, it is
most humbly prayed before this Hon’ble Family Court to Hold/Adjudge/Declare that:

 Grant a decree of divorce to Digvijay Singh,

 Dismiss the claim of interim maintenance and restitution of conjugal rights as

devoid of all merits ,

 Grant custody to Digvijay Singh a;

AND/OR
pass any other order or orders as this Hon’ble Court may deem fit and proper in the
circumstances of the case and in the interest of Justice, Equity and Good Conscience.

For this, the Petitioners shall be duty-bound and forever pray.

Sd/-______________
(COUNSEL FOR THE PETITIONER)

PLACE:
DATE:

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