8th AURO INTRA MOOT COURT COMPETITION, 2021

Vishesh Singh (30), Kiara Mehta (31) batch mates fell in love during their time together at St.
Xaviers High School, Bhopal. Vishesh’s family disapproving of their relationship sent him away
to a boarding school in Himachal Pradesh. They continued to maintain a long distance
relationship throughout their school, college and even when Kiara left for the United States to
pursue a master’s program in Material Sciences and Engineering from Carnegie Mellon
University. As a MSE Graduate from CMU, Kiara was offered offered a prestigious position by
the Government of India to work on a confidential project. She accepted the offer and relocated
to Ahmedabad on January 2017 and began working on a project as the Team Lead.
In the month of May, 2017 Kiara, fearful of the inviolable consequences of long distance
relationships requested Vishesh to join her in Ahmedabad, which Vishesh readily agreed to. He
handed over his letter of resignation the very next month and moved to Ahmedabad against the
wishes of his parents, to be with Kiara. They moved in to a 5BHK apartment in Satellite, an
extremely posh area in Ahmedabad. Vishesh joins a local IT firm as a Network Administrator.
Kiara’s professional commitments required her to work long hours, travel frequently both
domestically and internationally. This led to frequent altercations between the two. Kiara
repeatedly reminded Vishesh how her work was more crucial than his. Vishesh complained of
stress and poor mental health conditions. The couple however took efforts to resolve their
differences and promised to spend all their free time with each other. They welcomed a baby girl
(Maya), in the Month of Aug, 2019. Vishesh’s marriage proposal was turned down by Kiara, as
she had done multiple times in the past too even before her pregnancy, citing differences
between the families, her professional commitments or lack of belief in the institution of
marriage. Their relationship was a bitter-sweet ride for both.

In the month of February, 2021, Kiara was sent to Bangalore on official duty where she met
Professor Deepak Patel, Department of Materials Science and Engineering, Institute of Science,
Bangalore. Kiara and Prof. Patel were subsequently appointed as the Joint Directors of a very
important, time bound PPP project to study the effect of Silicon on Desulfurization of Al-Killed
Steels. They began spending a lot of time together and eventually found solace in each
other’s company. Shortly after, they were announced as the joint recipient of the International
Ladle & Secondary Refining Award. Prof. Patel expressed his desire to marry Kiara and raise
Maya as his own child. Kiara accepted his proposal and moved out of her residential apartment
in Satellite, Ahmedabad along with her daughter Maya in June 2021.

Vishesh filed a petition in the trial court praying their live-in relationship be recognised as a
domestic relationship and therefore a valid marriage in the eyes of law. Additionally, he prayed
for recognition as the Natural Guardian of his minor daughter in compliance with Section 6 of
the Hindu Minority and Guardianship Act, 1956. The trial court dismissed the petition stating
that live-in-relationships are morally and socially not acceptable and therefore as it is in case of
illegitimate children, born outside wedlock, the mother would continue to be the natural guardian
of the minor. Vishesh files an appeal against the order.
Argue the matter before the High Court of Gujarat. The participants are required to frame issues
relevant to the case.