Mock Propsition MAIMS 3rd NMTC, 2024

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MAHARAJA AGRASEN INSTITUTE

OF MANAGEMENT STUDIES
ACCREDITED WITH HIGHEST GRADE OF NAAC A++
[ DEPARTMENT OF LAW ]

rd
MAIMS 3 NATIONAL MOCK
TRIAL COMPETITION, 2024
[MOCK PROPOSITION]

HYBRID MODE
th
14 October to 16 October,2024 th

and
25 October and 26 October,2024
th th

:: FOR MORE DETAILS ::


:: REGISTER HERE ::

Maims Mock Trial Committee @maimsmocktrialsociety mocktrial@maims.ac.in Maims Mock Trial Committee
Maharaja Agrasen Technical Education
Society (MATES), New Delhi
Dr. Nand Kishore Garg
Founder and Chief Advisor, MATES
Chancellor, Maharaja Agrasen University,
Baddi, HP, India

Chairman Executive Chairman


Sh. Vineet Kumar Lohiya Sh. S.P. Aggarwal (IAS Retd.)
Sr. Vice Chairman
Sh. Sunder Lal Goel
Vice Chairmen
Er. Ravinder Kumar Gupta Dr. Ramesh Gupta
Sh. Nand Kishore Aggarwal (Crystal) Sh. Umesh Kumar Gupta
Sh. Jagdish Mittal Sh. O.P. Goel
Sh. Gian Chand Aggarwal Er. S. C. Tayal
Prof. (Dr.) M.L. Goyal (Academics) Sh. S.P. Goel
General Secretary Joint General Secretary
Sh. Mohan Kumar Garg
Er. T.R. Garg
Sh. Sanjeev Goel Co-
Treasurer Treasurer
Sh. Anand Gupta Sh. Vivek Garg
Secretaries
Sh. Satish Garg
Smt. Sangita Gupta
Sh. Amar Nath Jindal
Sh. Anil Roshan Lal Aggarwal
Sh. Vikram Garg
Sh. Rajnish Gupta
Sh. Avinash Aggarwal
Chief Executive
Sh. Gyanendra Srivastava (IAS Retd.)
Maharaja Agrasen
Maharaja Agrasen
Institute of Maharaja Agrasen Maharaja Agrasen Maharaja Agrasen
Institute of
Management University Global School Business School
Technology
Studies

Prof. (Dr.) Rajni


Prof. (Dr.) Neelam Prof. (Dr.) R.K. Gupta, Sh. B.L. Mahajan, Dr. Sanjiv Mahrwa
Malhotra
Sharma, Director Vice Chancellor Director Director
Dhingra, Director

Prof. (Dr.) S.S. Deswal, Sh. Suresh Gupta, Sh. J.R. Mani Tripathi,
Dean (Academics) Project Director CAO (Accounts)
BRIEF FACTS
Rana and Shrija got married on 2nd December 2017 in Deli, Indiana. They had a
love marriage. Rana was an architect and had his own company in the name of
“Shrija Studio Pvt. Ltd.”. Due to his work, Rana had to visit different towns
frequently wherein he also used to stay for two or three days sometimes. Shrija
was a lawyer and she was actively involved in litigation. She was working with a
reputed law firm in Deli. They both were settled in their career and hence they
decided to start a family. On 23rd January 2019, they welcomed a girl child and
named her Jiya. They both were happy in their little world. However, due to the
birth of a child, Shrija was facing problems in handling her career along with
Jiya. Despite having a full-time maid, Neetu, she was not able to work as Rana
took an assignment outside Deli and had to stay there most of the time.

Shrija decided to take a break from her career and filed a resignation in her law
firm. Her boss Rajiv was surprised by her decision and decided to reject her
resignation application and instead gave her work from home. Shrija was very
thankful to her boss for such much-needed support she received from him.
Shrija was handling a lot of important and highlighted cases in Rajiv’s law firm
and for discussing the same, Rajiv often used to visit Shrija at her residence. He
also met Jiya and developed an affectionate relationship with her.

Due to the absence of her father most of the time, Jiya,too, enjoyed her time
with Rajiv as he used to take her out to play. Shrija was also thankful to Rajiv for
supporting her during her difficult days. Rana tried his best to spend time with
Jiya and Shrija but he could only perform his basic duties like payment of bills,
taxes, etc. Despite his willingness to stay more with his family, he was not able
to do the same due to his want at sites.

Witnessing Rana’s unavailability at important events also, Shrija was getting


annoyed more and more with Rana. She often used to complain about this to
Rana and used to discuss her strained relation with her husband, with Rajiv.
Rajiv continued to grow closer to Shrija as well as Jiya.

On 29th November 2019, Rana finally decided to take a break from his work and
take his family outstation at Khajiaar to celebrate his and Shrija’s 2nd wedding
BRIEF FACTS
anniversary. He planned even the tiniest detail of the trip to give a wonderful
surprise to Shrija. To inform Shrija about the same, he called Shrija and asked
her to meet him along with Jiya at a mall. However, Shrija went to the mall along
with Rajiv and Jiya. Rana was surprised to see Rajiv along with Shrija and Jiya
and asked Shrija why she brought him along. Shrija replied that Jiya was crying
a lot and only Rajiv could console her that’s why she brought Rajiv along with
them.

Rana had the sudden realization that Rajiv was getting closer to his wife and
daughter. This frightened him more and he decided that he would give all his
time to his family so that his family wouldn’t require any other person to take
care of their needs. He took Shrija and Jiya to Khajiaar and they all had a lovely
time together. Since Jiya was more than 10 months old, she enjoyed a lot with
her father and mother. After their vacation, they returned home and Rana
stayed back with them. He asked his employees to take care of all the sites in his
absence. When Rajiv visited Shrija, during this time, due to work, he felt weird
seeing Jiya happy with her father Rana. He also noticed that now things are
better between Shrija and Rana. He didn’t seem happy after watching this and
left early.

Rajiv had very strong feelings of love and affection towards Shrija and Jiya and
he wanted Rana to stay away from them. He started provoking Shrija against
Rana on several occasions. Since Shrija was already very overwhelmed with the
support Rajiv gave her in the absence of Rana, she often started picking fights
with Rana over his irresponsible behavior towards her and Jiya.

However, Jiya’s behavior towards Rana was very loving as he was his father. She
was automatically getting distanced from Rajiv and getting closer to her father
Rana. Rana, also, was able to spend quality time with Jiya as he was doing work
mostly from home and Shrija had started going office on alternate days.

Rajiv instigated Shrija to leave Rana and start living with him along with Jiya.
Shrija agreed and informed Rana that she wanted to leave him. Rana was not
much surprised by Shrija’s sudden decision as he knew that this would happen
BRIEF FACTS

due to his own mistake. He apologized to Shrija for his absence when she
needed him the most. However, Shrija was reluctant to understand anything
and she took Jiya along with him.

Jiya was not happy without Rana. She suffereda very high fever and was missing
Rana a lot. Her fever got so high that Shrija and Rajiv took her to a hospital and
got her admitted there. Rana visited the hospital knowing this. He met Jiya and
Jiya showed improvement in her health after meeting him. Seeing this, the
doctor recommended that Shrija should let Jiya go with her father Rana as she
wants him and not Rajiv. Shrija agreed to the same and let Jiya live with Rana.
Jiya was very happy with Rana. Rana tried to bring back Shrija also but Rajiv
never let this happen. Rajiv was rather provoking Shrija that she is Jiya’s mother
and she took care of her alone when she gave birth. He provoked her against
Rana and asked her to take custody of Jiya from Rana.

Rajiv couldn’t see Shrija unhappy anymore. On 23rd March 2024, Rajiv took the
second key to the home of Shrija and Rana from Shrija’s purse and wrongfully
entered their apartment. Jiya was taking a nap while Rana was taking a bath.
Rajiv quietly took Jiya out of the house and brought her to Shrija, who was so
happy to see her daughter, that she didn’t question Rajiv about anything else.
That night, they three left Deli.

Worried Rana had no idea where her daughter went and quickly rushed to the
Police Station to register the FIR of his missing daughter.

Note:
The laws of Indiana are in-pari-materia with India.
BRIEF FACTS

Disclaimer:
This mock trial is entirely fictional and for educational purposes only. The
problem presented, as well as the characters involved, are entirely fictitious and
bear no resemblance to real-world events, individuals, or organizations. The
purpose of this mock trial is to simulate legal proceedings and allow
participants to develop their skills, but it does not provide legal advice or reflect
real legal practices. Any similarities to actual persons, living or deceased, are
purely coincidental. By participating, you acknowledge that this mock trial has
no connection to the real world and should not be interpreted as such.
“ANNEXURE I”
FIRST INFORMATION REPORT
(UNDER SECTION 154 CR.P.C.)
“ANNEXURE I”
“ANNEXURE I”
“ANNEXURE I”
“ANNEXURE II”
ARREST MEMO
“ANNEXURE II”
“ANNEXURE III”
MEDICAL REPORT
“ANNEXURE IV”
STATMENTS OF PROSECUTION WITNESS
Under 161 CRPC
PW 1 - Rana
My name is Rana, age 35 years. I, am an architect and the owner of "Shrija
Studio Pvt. Ltd." My professional expertise lies in designing and managing
architectural projects. I met shrija in 2016 ,we fell in love and got married on
December 2, 2017, in Deli, Indiana. Our marriage has been a source of great
happiness and fulfilment in my life, and it has strengthened both my personal
and professional journey. On 23rd January 2019, my spouse and I welcomed a
girl child and named her Jiya. We were both extremely happy and grateful to
start this new chapter in our lives. After the birth of Jiya, I accepted an
assignment outside of Delhi, which required me to stay in the area for an
extended period due to the demands of the job. This resulted in my frequent
absence from home.
Despite my hectic work schedule and numerous responsibilities at various
sites, I have made sincere efforts to spend quality time with Jiya and Shrija. I
have prioritized my duties towards them and have been actively involved in
their lives, striving to balance my work commitments with my responsibilities
as a caregiver.I acknowledge that my work often demands significant time and
attention, but I have always tried to ensure that my personal and professional
commitments do not compromise the well-being of Jiya and Shrija.

On the 29th of November 2019, I planned to take a break from my work for the
happiness of my family. My wife, Shrija, and I were celebrating our 2nd
wedding anniversary, and I decided to surprise her with a trip out of town to
Khajjiar. I meticulously planned every detail of the trip to make it a wonderful
surprise for Shrija.
To inform Shrija about the trip, I called her and asked her to meet me at a mall
along with our daughter, Jiya. However, when I arrived at the mall, I was
surprised to see that Shrija had brought Rajiv along with her and Jiya. I
questioned Shrija about Rajiv's presence, and she explained that Jiya was crying
a lot and only Rajiv could console her, which is why she had brought him along.
“ANNEXURE IV”
During the course of recent events, I experienced a sudden realization that
Rajiv her boss was getting closer to my wife and daughter. This development
caused me significant concern and fear for their safety and well-being. In
response, I decided to dedicate my time entirely to my family to ensure they
would not need to rely on anyone else for support.
To strengthen our bond and spend quality time together, I took Shrija and Jiya
to Khajjiar for a vacation. We enjoyed a delightful time there as a family. Upon
returning home from the trip, I stayed with them and arranged for my
employees to manage all the work at the sites in my absence. This allowed me
to focus on providing my family with the care and comfort they needed during
this period."

Jiya is very close to me, we share a strong bond. However, Rajiv has been
persistently attempting to manipulate Shrija to distance herself from me and
leave me. Rajiv instigated Shrija to leave me and start living with him along with
Jiya. Shrija agreed and informed me of her decision to leave me. I was not
entirely surprised by Shrija’s sudden decision, as I knew this could happen due
to my own mistakes in the past.I genuinely apologized to Shrija for my absence
during times when she needed me the most. Nevertheless, Shrija remained
resolute in her decision, and she took Jiya with her.
Despite these challenges, I have taken all possible steps to express my love and
provide support to my family. I hope for a resolution and the restoration of my
relationship with Jiya and Shrija.

Jiya was not happy without me and suffered a very high fever due to this
emotional distress. Her fever escalated to a severe level, prompting Shrija and
Rajiv to take her to the hospital for medical attention, where she was admitted.
Upon learning about the situation, I immediately went to the hospital to see Jiya.
My presence seemed to have a positive impact on her, as she showed
improvement in her health after meeting me.

The attending doctor at the hospital recommended that Shrija should allow Jiya
to go with her father, as Jiya expressed a clear preference for being with me
instead of Rajiv. Shrija agreed to this recommendation, and Jiya began living
with me. Jiya appeared much happier in my care, and I made efforts to reunite
her with Shrija so that Jiya could live with both of her parents.
“ANNEXURE IV”
However, Rajiv interfered with my attempts to bring Shrija and Jiya together. He
repeatedly provoked Shrija, emphasizing that she is Jiya’s mother and
highlighting her role in caring for Jiya alone after birth. Rajiv's actions
influenced Shrija against me and prompted her to seek custody of Jiya, even
though it was against Jiya's wishes.
On 23rd March 2024, Rajiv took the second key of our matrimonial home from
Shrija’s purse and wrongfully entered there. Jiya was taking a nap while I was
taking a bath. Rajiv quietly took Jiya out of the house. To my surprise that night,
they three left Deli.

PW 2 - Manohar
My name is Manohar , age 33 years. I, am an architect by profession and
currently working as an employee at Shrija Studio Pvt. Ltd. I have been
associated with the company for the past four years and share a good
professional relationship with Mr. Rana, who is not only my superior but also a
friend.
As part of his role, Mr. Rana often travels to different project sites across various
locations for work-related purposes almost every month. He was very happy
when his daughter Jiya was born and frequently spoke about her at work.
However, Mr. Rana confided in me several times that he was finding it
challenging to strike a balance between his professional commitments and his
family life. He expressed his efforts to provide love, care, and support to his
family while fulfilling his work responsibilities. To spend quality time with his
wife and daughter, he even took leave for a vacation and planned a family trip.
During our conversations, Mr. Rana mentioned his wife's boss, named Rajiv, on
approximately two or three occasions. Mr. Rana was concerned that Rajiv was
influencing his wife and encouraging her to leave him. He also mentioned that
Rajiv seemed to spend extra time with his daughter, which he found unusual
and concerning.
One day, Mr. Rana expressed his fear that Rajiv might attempt to take his wife
and daughter away from him. He was visibly worried about the situation and
seemed to be under a lot of stress.

I remember one night when Rana called me and mentioned that he was rushing
to the hospital to see his daughter. He informed me that he would not be able to
attend the meeting the following day because of this. He explained that the
“ANNEXURE IV”
doctor had advised his wife to send his daughter, home with him because she
was very happy with her father. Rana seemed very tense about his daughter's
well-being.
Additionally, he told me that he had attempted to reconcile with his wife and
bring her back to live in the same house so that Jiya, their daughter, could
receive the love and care of both parents. However, despite his efforts, the
reconciliation did not happen.
“ANNEXURE V”
STATMENTS OF DEFENCE WITNESS
Under 161 CRPC
DW 1 - Shrija
My name is Shrija, age 32 years. I am a lawyer working at “Das & Das” Law Firm
as a Principal Associate since 2018. I specialise in corporate matters. I met Rana,
a visionary architect and very humble person in 2016. Our connection was
instant and in winters of 2017 we exchanged vows, promising to build a life
filled with love and dreams together. Our happiness multiplied on 23rd January
2019 as we welcomed our daughter Jiya into our lives. I was very content with
my life and with each passing day our bond grew stronger and our home was
always echoing with joy and laughter.However fate had different plans. Driven
by his passion for architecture, Rana accepted an enticing outstation job
opportunity, leaving behind me and Jiya for extended periods. Despite having a
full time maid Neetu, I was facing problems in handling my career with Jiya.

I decided to take a break from my career and filed a resignation in my law firm.
My boss Rajiv surprised by my decision, decided to reject my resignation and
instead gave me work from home. I was so thankful to him for such unwavering
support. I was handling a lot of complicated and highlighted cases in the law
firm and Rajiv used to often come over for discussing the same. Jiya also grew
very fond of him because his constant presence and concern for Jiya filled the
void left by her father’s absence. He used to spend a lot of time with Jiya and
used to take her out to play. I am/was so thankful to my boss Rajiv for
constantly being there in my difficult days. With passing time, Rana was
wanted/required at the sites more frequently, which forced him to stay away
for even longer durations. I tried to discuss this with Rana as it was affecting Jiya
as well.

On 29th November, I got a call from Rana inviting me and Jiya to the mall. He
had planned a short family trip to Khajiaar. I acknowledge that Rana had always
been affectionate and had taken good care of Jiya. Jiya was also very fond of her
father. So, we agreed for the trip as I never wanted to distant Jiya from her
father. We had a lovely time in Khajiaar. After the trip we came back home and
“ANNEXURE V”
Rana stayed back. He asked his employees to take care of the work at the sites
in his absence. Jiya’s behaviour towards her father was very loving. Rana, also,
was able to spend quality time with Jiya as he was mostly doing work from
home while, I had started going to the office on alternative days. But things were
not like before. Though Rana had stayed back with us but our relationship was
not same as before. We found ourselves engaged in frequent disagreements and
conflicts. Our love for each other had also faded with time. Still I tried my best to
make things right like before, but all in vain. Through all this time, Rajiv was
constantly standing and supporting me throughout my difficult time. Due to
persistent discord and disputes, I resolved to separate from Rana and sought
solace by residing with Rajiv, thereby seeking familial support. Jiya used to miss
Rana a lot and also suffered high fever. We admitted her to the hospital. Rana
also came to visit her. She showed improvement on seeing her father. So, doctor
recommended that Jiya should stay with her father as she wants him with her. I
used to miss Jiya a lot. It was a very difficult time for me. On 23rd March, to my
surprise Rajiv brought along Jiya with her. I was so happy to see her that I didn’t
question Rajiv about anything else. I just wanted to be with my daughter so I just
went with the flow. And as Rajiv recommended, we decided to start afresh and
left Deli for a new beginning.

DW 2 - Meghna
My name is Meghna, age 31 years. I met Rana and Shrija in 2016. They have been
more like a family to me. I have witnessed how their instant connection made
them fall in love. They got married in 2017. As the years unfolded, their bond
grew stronger. They also welcomed Jiya into their lives in 2019. They were a
perfect family cherishing the joyful moments. Rana was a great husband and
even a better father. He was very considerate of Shrija and was very affectionate
towards Jiya. Jiya was also very fond of her father. Things were going smooth,
until, Rana accepted an out-station job opportunity. Shrija remained steadfast ,
supporting her husband’s career aspirations. It was very difficult was her to
manage her work along with Jiya. She tried her best to manage everything but
finally decided to give her resignation. His boss Rajiv was very understanding
and rejected her resignation, instead gave her work from home. He stood with
her like a pillar of strength. Rajiv used to visit Shrija for work discussions as
Shrija was involved in many complex matters at Rajiv’s firm. With his constant
house visits and his affection towards Jiya, she also grew fond of Rajiv. Despite
his willingness to stay more with his family, Rana was unable to do so. His
absence affected Shrija and Jiya a lot. When Rana got to know about Rajiv,
“ANNEXURE V”
Shrija’s boss and his closeness with Shrija and Jiya, he got frightened and
decided that he would give all his time to his family, so that they wouldn’t
require any other person to take care of them. Rana took them for a family trip
and also stayed back with them to make things better like before. But he was not
there for his family when they needed him, which had made them grew apart.
All his efforts were fruitless. Shrija decided to leave with Jiya to stay with Rajiv.
But her father’s absence made Jiya unwell and doctor advised to let Jiya stay
with her father. This made Shrija really unhappy as she was the one who was
raising Jiya single-handedly and did all that she could for Jiya’s happiness. Rajiv
was very concerned about Jiya and couldn’t see her unhappy, so he decided to
bring Jiya back to her. Shrija deserved to be with her daughter. She was the one
who gave birth and was raising her, giving her the love of both father and
mother.

DW 3 - Neetu
मेरा नाम नीतू है, उमर २२ साल। मैं श्रीजा जी और राणा सर के घर काम करती थी। वह दोनों बहुत प्यार से
रहते थे। एक दूसरे की बहुत इज़्ज़त करते थे। उनकी एक बेटी भी है, जिया। वो दोनों जिया का बहुत ख़्याल
रखते थे। कु छ समय बाद राणा सर काम के सिलसिले में शहर से बाहर चले गये थे। मैडम/ श्रीजा जी अपने
काम और जिया बेटी दोनों को सम्भालती थी।उन्होंने अके ले जिया बिटिया का ख़्याल रखा | मुझे एक घटना
याद है, जब मैंने श्रीजा मैडम को रसोई में रोते हुए देखा था और जब मैंने उनसे पूछा था कि वह क्यों रो रही
हैं। उन्होंने मुझे बताया कि जब से तेरे साहब को राजीव के बारे में पता चला है कि वो मेरे और जिया बिटिया
का बहुत खयाल रखते हैं तब से वो बहुत उखड़े उखड़े रहते हैं और हर छोटी बात पे झगड़ा करते हैं। गुस्सा
उनके नाक पर रहता है। जिया अक्सर डर जाती है और उसकी नींद खराब हो जाती है । मैंने राणा सर के
व्यवहार में भी ज़बरदस्त बदलाव देखा है। एक बार मैं बर्तन धो रही थी और सर गुस्से में आये और गिलास
फर्श पर फें क दिया ।

DW 4 - Rajiv
My name is Rajiv, aged 38 years. I am an advocate and have my own law firm by
the name of “ Das & Das”. I specialise in corporate matters. Shrija has been one
of my most sincere and hard working employee. She joined us as a Principal
Associate and has worked on several complex matters. When she filed her
resignation, I was surprised as I did not expect such a dedicated and a career
driven woman to resign because of her hardships. She was an asset to the firm,
so I rejected her resignation and instead granted her permission for work from
home so that she could manage her work with her daughter. I used to visit her
to have discussion about the matters. She has a lovely daughter named Jiya. I
loved spending time with Jiya and used to take her out to play. She used to bond
well with me. I was feeling very much connected with Jiya and Shrija, they were
like family to me. They deserved so much more. Rana’s absence was increasing
“ANNEXURE V”
day by day. Jiya was missing her father’s presence during her growing years. His
work is more important to him than his family. I wanted to be present for Jiya
and Shrija. When Rana came back, he got so insecure and over protective for his
family. He tried to distant Shrija and Jiya from me. He stayed back with them,
and he didn’t let me meet them as often as I used to. But things had changed
between Shrija and Rana. They were constantly having disagreements and
discords. I couldn’t see Shrija upset. I asked her to come and stay with me along
with Jiya. We started staying like a family but Rana had influenced Jiya. With
time, Jiya started staying unwell as she was missing her father. Doctor advised to
let Jiya stay with Rana, which made Shrija miserable. She used to miss her
daughter every second as she was the one who raised her up and was constantly
there for her as a pillar. So, I had a word with Shrija and decided to get Jiya back
to us. So, I got Jiya back to stay with us and to have fresh start, we moved away
from Delhi.
“ANNEXURE VI”
EXPERT OPINION
“ANNEXURE VII”
CHARGESHEET
“ANNEXURE VII”
“ANNEXURE VII”
“ANNEXURE VII”
“ANNEXURE VIII”
CALL RECORDING
SPONSORS AND
RESEARCH PARTNERS

MEDIA PARTNERS:

RESEARCH PARTNERS
CONTACT DETAILS

POSTAL ADDRESS:
Department of Law,
Maharaja Agrasen Institute Of Management Studies,
Sector - 22, Rohini, New Delhi - 110086

EMAIL ADDRESS:
mocktrial@maims.ac.in

SOCIAL MEDIA HANDLES

MAIMS Mock Trial Society

INSTAGRAM
maimsmocktrialsociety

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