Moot Proposition

A Hindu couple, originally from Maharashtra, got married as per Hindu customs and
rituals in Goa around June, 2018. The marriage was however solemnized along with a lawfully
executed Prenuptial Agreement, broadly based upon following Terms:

(i) The individual worth, asset(s) and property(ies) of both husband and wife shall be treated as
one common marital property;
(ii) Both the Parties shall be at liberty to utilize the marital property for livelihood, individual
needs and overall welfare of the couple;
(iii) In case of dissolution of marriage by Divorce, the residual marital property at the time of
such dissolution shall be distributed equally amongst the Parties;
(iv) Consequential thereto, there shall be no claim by any Party against the other for
maintenance, alimony or easement of any nature whatsoever;
(v) Neither Party shall be at liberty to violate and/or deviate from the Terms of the Agreement
under any circumstances whatsoever.

At the time of marriage, the husband had a net worth (including liquid assets) to the tune
of Rs. 5 Crores; while the wife had no assets to her name until the marriage, but she had received
in marriage Gold and precious jewellery to the tune of Rs. 2.5 Crores.

The couple started residing in Panaji, Goa, with State Domicile, and since the assets of
wife were not liquid, the husband offered to spend from his worth for living expenses. The
couple lived a lavish lifestyle punctuated with expensive travels, indulgence in gourmet food,
and other likewise material pleasures.

In due course of time, and with the turn of fate, the couple lost harmony between
themselves. The marital property too started depleting alarmingly, adding fuel to the fire. Soon,
the marriage reached a point of irretrievable breakdown, and the couple filed for Divorce.
Pertinently, at this juncture, the husband’s worth had depleted to Rs. 2 Crores while the worth of
wife had remained intact.

In such backdrop, the husband invoked Clauses of Prenuptial Agreement and sought
equal distribution of the marital property inclusive of individual assets of the husband and wife.
The wife opposed the same on the grounds as: (a) Marriage being a sacrament in Hindu Law
overrides Prenuptial Agreement; (b) Streedhan cannot be alienated from the wife under any
circumstances; and (c) Law of the Land prevails over a Contract.

Since the aforementioned dispute attracted several Laws including the test of legal
sanctity, the academic question of law whether the Prenuptial Agreement could be enforced in
contravention with Personal Laws, and whether the same survived the test of Constitutional Vires
was referred to the Hon’ble High Court of Bombay (Bench at Goa).

The Full Bench of Hon’ble High Court took cognizance of the issue and invited all wiling
legal practitioners to assist in resolving the aforementioned academic question on law. You are
one such Amicus Curiae.

General Rules:

 Kindly note that since you are Amicus Curiae, there shall be no individual representation for
any of the Parties. It is expected that you shall assist the Court in a neutral position.

 Divorce proceedings are still pending before the appropriate Court; however, you are
expected to restrict your submissions only on the academic question of law.

 You are free to refer any Laws (State, National and/or International), and it is expected that
landmark Case Laws (State, National and/or International) shall be analyzed at length.

 It is expected that at least two landmark Case Laws are referred, along with individual Ratio.

For Written Submissions:

 Please prepare a bullet-wise Line of Arguments with Case Law(s) and their respective Ratio.
Kindly do not prepare Memorials, or lengthy sentence-based Arguments.

 It is mandatory to include Conclusion in the Submissions, as to whether you are in favour of

the academic question of law or against, as the case may be.

 You are free to propose changes in the existing system of Law pertaining to the question at
hand, however, within the jurisdictional ambit of the Hon’ble High Court.

For Oral Submissions:

 You shall get 3 minutes to present your Case, and it is expected that you shall be addressing
Hon’ble High Court of Bombay (Bench at Goa).

 It is expected that emphasis is given on the Study of landmark Case Laws that are referred in
your submissions, mandatorily along with your personal analysis.

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