IILM PROPOSITION

1. Rohan Mehra is a 28-year-old entrepreneur. He completed his MBA in Marketing from the Indiana
Institute of Management (a prestigious institute) (Batch 2017–19) in Tucknow, Ultra Pradesh, Indiana.
After completing his graduation, Mr. Rohan Mehra went abroad for a year to learn the art of
perfumery in the renowned state of Francis (a country in Europa). After returning, he started his own
company of perfumes with the name ‘Scents’. The company has built a good reputation in the
Indiana market in a very short span of time.

2. Riya Singh, a 27-year-old marketing executive, completed her education at the Indiana Institute of
Technology (Batch 2017-19) in Tucknow, Ultra Pradesh. After graduating, she got a campus
placement from the college itself in a renowned company, ‘TCJ’, where she has been working since
then as a software developer at a good pay.

3. During their time at the Indiana Institute of Technology, both used to work on many class projects
and field assignments and soon developed a strong sense of liking for each other. Riya was
mesmerised by Rohan’s charm and ambition, whereas Rohan was awestruck by Riya’s beauty and
intelligence. They both confessed their love to each other on 10thMarch 2018 and became a popular
couple in the whole institute.

4. Their love was intact even when Rohan went abroad to study the art of perfumery in 2019. The
two used to have long conversations over voice calls, instant messages and video calls for over a year.
After returning to Indiana, their relationship became stronger than ever both physically and
emotionally.

5. While in relationship Rohan used to take Riya with him to all the social gatherings and functions.
On the night of November 20, 2022, Rohan took Riya to his brother’s marriage, where she met
Rohan’s family and relatives. Rohan introduced Riya to his mother, where Rohan’s mother, after
meeting Riya, asked both of them, “When will you two throw a similar function for us?”. Listening to
the question, Rohan and Riya looked at each other and smiled, and then Riya said, “Soon.” Listening
to the same Rohan, he did not respond.

6. Also, Rohan used to introduce Riya to his friend circle, thereby bringing their relationship into the
knowledge of their social circle. Rohan, during a party when he was in a drunken state, was asked by
his friends Rishi and Radha, who were married, about the future of his relationship with Riya, to
which Rohan replied, ‘Riya will make a perfect wife’. The same conversation was narrated to Riya by
Radha without the consent or knowledge of Rohan. Rohan was unaware of any such communication
being made to Riya by Radha.

7. Rohan and Riya started living together. Rohan pitched an idea to Riya that she should work with
her and develop an app for his perfume company ‘Scents’ so that they can sell their perfumes
directly without involving other shopping applications like Amacon, Flipmart etc. Riya liked the idea
and started working on developing the app for it, but at the same time, iterated that she would not
quit her job.

8. As they were in a relationship, no formal written contract was executed between the two, and
thus the entire agreement was based on the exchange of messages on WhatApp (an instant
messaging application).
9. Over a WhatApp chat on 13th May 2023, both of them agreed on a payment structure in which Ria
will get a lumpsum amount of Rs 10 Lac once the application is developed. However, the mode and
timing of payments were not clearly defined.

10. As the work progressed, the parties experienced disagreements relating to the development of
the application, with Rohan claiming that some crucial aspects of the project were left as Riya was
not able to balance her job and working on the application at the same time, thereby leaving Rohan
frustrated.

11. As a consequence of the same, Rohan denied adequate payment as promised in the WhatApp
chats on the ground of a deficiency in services rendered, thus annoying Riya. But Rohan calmed her
down so that their relationship was not affected.

12. On November 17, 2023, Riya asked Rohan to marry her, which Rohan denied and thereby called
off the relationship.

13. Meanwhile, feeling deceived and emotionally distressed, filed an FIR alleging that Rohan had
engaged in sexual intercourse with her on the pretext of marriage, and now he was refusing to fulfil
his promise. Rohan denies any expressed promise relating to marriage made by him, whereas Riya
contends that an implied promise of marriage was made and thus she gave her consent for sexual
intercourse on the pretext of marriage.

14. Following the same, medical tests were performed and it was confirmed on the basis of reports
that sexual intercourse took place frequently between Rohan and Riya. However, nothing was
concluded on the matter of consent.

15. As a consequence of the same, Rohan was arrested. Rohan was presented before the magistrate.

16. Rohan was denied bail and was later acquitted for the charges by Trial Court of Tucknow. The trial
court held that, both Riya and Rohan were in consensual relationship, therefore, Rohan cannot be
held liable for Rape.

17. Riya filed an appeal against the trial Court’s Order in High Court of Ultra Pradesh. The High Court
reversed trial Court’s judgment and convicted Rohan for the charge of Rape on the pretext of
Marriage. Rohan then filed a Special Leave Petition in Supreme Court of Indiana against High Court’s
order.

18. Rohan further asked the court to take into consideration that his family had been looking out for
a bride on marriage platform Jeevanteresaathi.com and thus, he and Shreya (the girl who agreed to
marry him through Jeevanteresaathi.com) have decided to get married and that his fundamental
Right to Marry enshrined by the Constitution of Indiana would be violated.

19. However, Riya also filed a suit for breach of contract. To which Rohan alleges that conversations
on WhatApp are not formal in nature. He also contends that WhatApp chats does not form a valid
contract.

20. Apart from this, Rohan has also challenged the constitutional validity of Section 375 of the
Indiana Penal Code, 1860, entitling only women to file a case on the ground of consent on the
pretext of marriage and the same not available to men.

21. The Hon’ble Supreme Court of Indiana, for the sake of convenience, decided to hear all the cases
on the same day with the following issues:
ISSUES

• Whether the Special Leave Petition is Maintainable in the Hon’ble Supreme Court of Indiana.

• Whether the agreement entered into by Rohan and Riya on WhatApp amounts to a valid contract
recognizable by laws in Indiana?

• Whether the consent for sexual intercourse was given by Riya only the pretext of marriage and
does it amount to rape under Section 375 of Indiana Penal Code.

• Whether a denial of bail for Rohan for the purpose of his marriage would amount to an
infringement of his fundamental right under the Constitution of Indiana?

NOTE:

1. The laws in the Union of Indiana and the Union of India are in pari Materia.

2. The Counsels representing both sides are required to address the issues that are specifically
mentioned in the moot problem.

3. The Counsels may formulate their own sub-issues in the above-mentioned issues