5TH KIIT INTRA MOCK TRIAL COMPETITION, 2023

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 5TH KIIT INTRA MOCK TRIAL COMPETITION, 2023

FACTS & PROPOSITION

G.R. Case No. 409/2020

(Arising out of Khandagiri P.S. Case No. 302 of 2019)T.R. no.
1102/2023

State of Odisha (Through the informant Faaiza Khatun)

versus

Abdullah alias Faizal Khan, aged about 28 years, S/o Shadab Khan, R/o Plot No. 18, Near
Khandagiri Chaka, P.S. Khandagiri, City Bhubaneswar, Dist. Khorda
......................................................................................................................... ……Accused
person.

Disclaimer

The proposition is not intended to and does not attempt to resemble any incident, organization,
or any person living or dead. All situations in the trial proposition are fictitious and any
resemblance to any incident, organization, or person, if any, is not intended, but merely
coincidental. Any attempt by the participants / participating Institutions or Universities to
contact the drafter of the proposition would lead to disqualification from the competition.

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Factual Background

The complainant, Faaiza Khatun, entered into a lawful Muslim marriage with Abdullahalias
Faizal Khan on 20.05.2013. Subsequently, she faced marital discord marked by dowry
demands, harassment, and physical assaults, leading to her forced eviction from the
matrimonial home along with her two daughters. Seeking redress, Faaiza filed a dowry and
harassment case (Ghatikia P.S. Case no. 99/2018) and a maintenance case (Family Court,
Bhubaneswar, Case no. 55 of 2019).

In retaliation, her husband filed a fabricated case against her and her family (Bhubaneswar
Civil Court, C. Case no. 356/2018). On 12.06.2018, during court mediation for C. Case no.
356/2018, Faizal assaulted Faaiza's paternal uncle and younger daughter, resulting in the
registration of a case at Ashok Vihar P.S. as case no. 319 of 2018.

On 19.12.2019, during a court appearance for C. Case no. 356 of 2018, Faizal threatened Faaiza
to withdraw the cases, declared his remarriage, and pronounced triple talaq, issuing death
threats if she returned home. Faaiza reported this to the localpolice, leading to the registration of
an F.I.R. as Khandagiri P.S. Case no. 302/2019 under IPC Section 498(A) and Section 4 of The
Muslim Women (Protection of Rightson Marriage) Act, 2019.

On 08.05.2020, the S.D.J.M. court acknowledged the charges against Abdullah alias Faizal
Khan based on chargesheet no. 24 of 2020, finding a prima facie case under IPC Section 498(A)
and Section 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019.

(The facts cannot be rebutted, under any circumstance, normal or otherwise)

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Statement u/S. 161 of CrPC as recorded by the Police during the investigation.

List of Witnesses

1. Iliyas Khan
2. Ajmal Khan
3. Zulekha Khatoon
4. Sakoor Mian
5. Shabana Khatoon (Informant)
6. Md. Mumtaz Alam

Statements

1. Iliyas Khan, stated that he is the uncle of the informant, who was wedded to Abdullah
alias Faizal Khan on 20.05.2013 as per Muslim rites and rituals, whereafter she began
to live at her matrimonial home near Khandagiri Chaka and lived peacefully for about
six months. After that, the husband began to demand a Bolero in dowry and threatened
that she should leave if she could not give him the same and was ultimately made to leave
the house after multiplephysical assaults when a Bolero vehicle was not provided to the
husband and his relatives. Panchayat was held and it was decided that he would keep
the wife with dignity and a daughter was born to them. After the birth of the first
daughter, the husband began to assault her again and she went to file a case at Ghatikia
P.S. where an agreement was reached between them and after compromise, the husband
took her back to the matrimonial home. For over a year thereafter, there would be
recurrent demands for Bolero and physical assaults. Meanwhile, another daughter was
born to them, to which they said that as the second child was also a girl child, they
should give her a vehicle when the same was not given to them, they physically assaulted
her again,regarding which an F.IR. was lodged at the Ghatikia P.S. Panchs of twelve
villages sat at Ghatikia and decision was reached that the husband would takethe wife
home, but at her matrimonial home, he physically assaulted her and sent her back to her
maternal home. A case was filed at the Bhubaneswar Family Court for maintenance and
a compromise was reached at the mediation centre. A case was registered at the Ashok
Vihar P.S. with case no. 319 of 2018.

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When the case was filed by the girl at Ghatikia P.S., the husband filed a case at
Bhubaneswar Civil Court against the parents and relatives of the girl. When thegirl and
her relatives came to Bhubaneswar Civil Court to surrender and apply for bail on
19.12.2019, the accused and his relatives surrounded Faaiza Khatunand the accused said
to her that he had re-married and she should take back the cases filed by her and he
pronounced ‘triple talaq’ before all the present family members and threatened that if
she tries to return to her matrimonial home, he would kill her. He also stated that though
panchayats have been heldmultiple times and once panchayat was held for 12 villages
he does not remember the dates of the same.

2. Ajmal Khan, stated that the informant was wedded to the accused in 2013 andreiterated
the submissions of the informant in the F.I.R. He states that on 19.12.2019, he came to
Bhubaneswar Civil Court along with Faaiza Khatun. Hestated that he went to a nearby
tea stall, and when he returned, Faaiza broke down into tears and informed him that
Abdullah had come where she was sitting and said to her that he had re-married and
pronounced triple talaq against herand threatened to kill her as well. He stated that he
is not aware of the number of children that Faaiza had with Abdullah. He also stated
that both Abdullah and his father behaved well whenever they met after the marriage in
2013. He stated that he could not recapitulate the exact place inside the Bhubaneswar
Court premises where the triple talaq was pronounced.

3. Zulekha Khatoon, stated that Faaiza Khatoon is her daughter and she was wedded to
Abdullah in 2013 and then went to live at her matrimonial home in Bhubaneswar, where
she lived for six months and then her husband and his relatives began to harass her for
dowry and demanded the car, which she was unable to give. The accused began to
torture her and even in panchayat, they stated that only if a car was given, they would
keep the informant. She, however,stated that she does not know the details or the name
of the car demanded, asshe is an illiterate and a housewife. When the panchayat decided
against thatand asked the accused to take the informant home, they took her but the
intensity of torture increased and then they de-housed her. She had two daughters from
the wedlock. She also stated that her daughter had filed a police

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case in the Ghatikia P.S., a case for maintenance at the Bhubaneswar Family Court, and
when they went for mediation to the Civil Court in a counter case filed by Abdullah
against them, Abdullah smashed his younger daughter againstthe handpump. She stated
that she doesn’t exactly remember the nature of the injuries sustained by her
granddaughter. She however stated that when they took their granddaughter to a nearby
dispensary, she got the first-aid and a dressing was done. She remembers paying for the
Bodinex M Ointmentand TT Injection to the pharmacy store nearby, as these two items
were not available at the dispensary. She further stated that after assaulting his daughter,
Abdullah then snatched ₹ 1500/- from her brother-in-law’s pocket and when they called
for help, the accused rushed away. She stated that on another date,of which she’s not
sure, her son-in-law, the accused in the court campusthreatened her daughter, assaulted
her with two slaps in front of everyone, andtold her that he had remarried and that he
would kill her if she tries to return tohis house. He also gave her life threats and told her
about dire consequences if she chose not to withdraw all cases filed against him and his
family members. She stated that after this he got very angry and lost his cool, and
shouted, ‘talak’, ‘talak’, ‘talak’ and left the place without saying anything further. She
stated lastly that she is aware that her son-in-law, the accused in this case, is now living
with one Gulnaaz Khatoon, but she is not aware of whether she is aconcubine or his
legally wedded wife, however, a local Kazi Sahab told her thathe knew about the Kazi
Sahab who contracted their marriage at the Bara Masjid.

4. Shakoor Mian, reiterated the facts in the FIR of this case and stated that Abdullah
would tell his wife to bring a Bolero from her parents, but as they are poor, they couldn’t
fulfill his demands. After a daughter was born to the informant, her husband did not
want to keep her with him. He stated that her husband wanted the informant to abort the
girl child in the first place. He furtherstated that when the parties went to attend the
hearing of a case at Bhubaneswar Civil Court, the accused snatched his younger
daughter from his wife and forcefully threw her on the ground due to which she
sustained severeinjuries. About the first-aid-treatment, he stated that he is unaware of the
detailsas he left the place when they all took the child to a nearby doctor, as he had a

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prior appointment of a doctor for his wife. He further stated that when the informant
and her family members went for the hearing of a case, the accusedpronounced triple
talaq on her in the Court premises and fought with her, and also threatened to kill their
daughter. That the entire incident took place beforehim. He lastly stated that Faaiza
Khatoon has filed three cases against the accused and he is a witness in all the cases
and therefore he goes to all the Courts with her.

5. Faaiza Khatoon, the informant, stated in complete support of the facts given by her in
the written information to the police. She stated completely about thedemand for dowry
being made by her husband and her in-laws and stated in detail about the cases filed by
her against her husband. She stated that her husband, elder brother-in-law, mother-in-
law, etc, poured petrol over her in an attempt to kill her at her matrimonial home. She
stated that on the date of the hearing in the case filed against them by her husband, her
husband came to her and threatened her that if she did not take back all the cases filed
by heragainst him, the consequences would be bad and that he had already re-married
and went ahead to pronounce triple talaq against her and said to her that now no relation
exists between them and if she comes to his house, he would kill her. She stated that at
the time of the incident, several advocates, clients, and court personnel were at the place
of the incident. She stated that her husband had separated from her, two years before
the incident. She stated that she went to the police station after the incident and gave a
piece of written information there and then the police did further investigation in the
matter. Thewritten information had been taken down by police personnel but she does
notremember his/her name, but the same person was the Investigating officer in this
case, she stated.

6. Md. Mumtaz Alam, reiterating the facts stated in the F.I.R., stated that on 19.12.2019,
he went along with the informant to give his evidence in the case filed by the accused
against the informant and her family. Abdullah came to Faaiza and asked her to take
back the cases filed by her against him or else hewould kill her and pronounced triple
talaq against her and said that he had re-married. He stated that the informant became
very disturbed by the incident.

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He further stated that she lives at her maternal home and her father bears the cost of
living for her and her children. He stated that Abdullah pronounced tripletalaq before
him only and that the place of pronouncing this talaq was the placewhere flag hoisting
takes place inside the Court premises.
 5TH KIIT INTRA MOCK TRIAL COMPETITION, 2023

CONTACTS

FACULTY CONVENOR: DR. SHYAMANTAK MISRA

FACULTY CO-CONVENOR: MRS. SONALI SWETAPADMA,

STUDENT CONVENER(S) – ZAID AKRAM KHAN

SHREYA MEHTA

For Queries mail at – klstaas@kls.ac.in

KIIT TRIAL AND APPELLATE ADVOCACY SOCIETY (TAAS)

REGISTRATION FORM

Link: https://forms.gle/ni9pwdTfhN9sUCRC6

Note: This must be submitted on or before 25.11.2023

ALL THE BEST!

REGARDS,

TRIAL AND APPELLATE ADVOCACY SOCIETY (TAAS)

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TIMELINE OF THE EVENT

SERIAL NAME OF EVENT DATE

NUMBER

1 RELEASING OF CASE STUDY, RULES & 15.11.2023

REGULATION

2 LAST DATE FOR ONLINE REGISTRATION 25.11.2023

(By 11:59 PM)

3 LAST DATE FOR CLARIFICATION ON THE 25.11.2023

TRIAL PROPOSITION

4 LAST DATE FOR SUBMISSION OF 03.12.2023

MEMORIALS
(By 11:59 PM)

5 RESEARCHER TEST, DRAW OF LOTS AND 08.12.2023

EXCHANGE OF MEMORIALS

6 PRELIMINARY ROUND – I & II; 09.12.2023

QUARTER-FINAL ROUND

7 SEMI-FINAL & FINAL ROUND 10.12.2023

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