Memorial Respondent
Memorial Respondent
Memorial Respondent
TEAM CODE: 12
SANDRA...............…………………………………………………………….......PETITIONER
VS
BENEDICT...........................................................…………………........……….RESPONDENT
TABLE OF CONTENT………………………………………............…………………………….
INDEX OF AUTHORITIES…………………………………….........…………………………….
STATEMENT OF JURISDICTION……………………………......
………………………………
STATEMENT OF FACTS………………………………………...……………………………….
STATEMENT OF ISSUES...........…………………………………………………………………
PRAYER………………………………………………………………………......………………..
BOOKS
1.
LIST OF ABBREVATIONS
2. Article Art.
5. Honourable Hon’ble
7. According Acc.
8. Others Ors.
9. Supreme Court SC
STATEMENT OF JURISDICTION
SUMMARY OF FACTS
spirit through certain occult performances using men, women and children. Respondent
had a huge curiosity to see and experience that performance.
2. Petitioner about his desire along with a proposal to visit India and Nepal, she instantly
accepted his proposal and convinced her parents that she will be safe with respondent
during her visit to India and Nepal.
3. Benedict discussed his idea with the parents, who were initially reluctant to send him
alone with a girl for a quite longer time but later got convinced and allowed them to go
together to see the world.
1. That In their visit to Rishikesh and Haridwar, on the bank of river Ganga, respondent
could identify the place where some ‘Agori’ were worshipping near burnt dead bodies
and performing exotic rituals. Respondent asked petitioner to come along and be a
witness to the mystic practices but she refused as she had no interest in that horrific
MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT
UNIVERSITY INSTITUTE OF LEGAL STUDIES
Statement of Issues
instituted?
According to the Special Marriage Act the performance of the anyone of the above two
ceremonies should be necessary and enough for the ceremonial validity of all the marriage
MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT
UNIVERSITY INSTITUTE OF LEGAL STUDIES
The marriage is not the valid marriage because marriage is solemnized Between the two hindus
and in this case the plaintiff is the hindu Scottish girl of Indian punjabi origin at the time of
marriage and the respondent was French young boy. According to the Hindu Marriage act the
marriage between the hindu and the non-hindu is invalid under the sec 11.
Registration of Marriage under Hindu marriage Act: The marriage was not
registered at that time. According to section 8 of hindu marriage act :-
(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make
rules providing that the parties to any such marriage may have the particulars relating to their
marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu
Marriage Register kept for the purpose.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be,
after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be
admissible as evidence of the statements therein contained and certified extracts therefrom shall,
on application, be given by the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall
in no way be affected by the omission to make the entry.
Here, the condition is not fulfied as per the section 8 of hindu marriage act. Hence the marriage
is not valid.
According to special marriage act:- the special marriage act provides for the
performance of marriage by civil ceremony. In the presence of relatives and friends whose total
no should not be less than 5. The bride and the bridegroom should exchange the garlands and the
rings along with the blessings of the elder present there and greet friends and acquaintances. It is
submitted that tying of the mantle of the bride and bridegroom is a part of the ceremony of
marriage, but not seeking of blessing of elders and greetings of others.
4. According to the facts there were only 2 members at that During ‘Aughad’ practice when
Benedict and Sandra were performing the guided activities, Benedict was intoxicated and
deeply thrilled, collecting strange photographs and uploading them on face book and
MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT
UNIVERSITY INSTITUTE OF LEGAL STUDIES
The marriage is not valid under the Christian law according to the fact The moment he
landed in Cognac his father took him to the local Registrar of Marriage and got his
marriage nullified on the basis of illegality of the marriage solemnized in India without
any approval of parents and without any appropriate rituals. Such marriage is not
accepted in France and Christian religion.
According to the fact Benedict tried to convince her that it is not an actual marriage like
Christians (where a boy and a girl do promise against each other in a Church and the
parents ,relatives and friends do witness the marriage with the blessings of a Priest), it is
just a little formality of Hindu ritual where Benedict and Sandra will be ‘considered
only’ married for a specific purpose and after doing a ‘Saptapadi’ (a marriage pattern of
Hindus, where a Boy and a Girl take seven steps around fire and promise to each other
for protection, care and maintenance for life). He insisted that after ‘Saptapadi’ they will
be allowed to perform the practice.
2) Whether the adoption should be considered legal and valid?
The respondent humbly submits that the adoption should not be considered as legal because the
marriage was not solemnized according to the hindu marriage act and it was a huge attraction for
MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT
UNIVERSITY INSTITUTE OF LEGAL STUDIES
A minimum age difference of 21 years between the single mother and the adopted child is
required if they’re of opposite sexes.
According to the Hindu Adoption and Maintenance Act of 1956 Indian citizens who are
Hindus, Jains, Sikhs, or Buddhists are allowed to adopt not more than one child of a particular
sex.
4) For foreigners, NRIs and those Indian nationals who are Muslims, Parsis, Christians or
Jews, according to the Guardian and Wards Act of 1890, the parent only acts as a
guardian till the child attains the age of 18.
5) One can adopt a child from recognised private placement agencies, Shishu Grehas or
State Adoption Cells
The condition is not fulfil then the single parent adoption is not valid .
Condition of adoption in Hindu Adoption and Maintenance Act, the conset of husband is
necessary at the time of adoption. According to the fact respondent suggested her to
reveal their newly acquired identity of married couple to keep the child. It was difficult
for Sandra to do so but to see the infant she accepted the proposal and shown their status
as ‘Married’ along with photographs. After surrendering certain documents and
photographs and with the little formalities, the child was handed over to them.
Ceremony of adoption in Hindu Adoption and maintenance Act :-
Savitri W/O Shri Govind Singh ... vs Shri Govind Singh Rawat on 9 October,
1985
HELD : There is no express prov. in the Code which authorises a Magistrate to make an
interim order directing payment of maintenance pending disposal of an application for
maintenance. The Code does not also expressly prohibit the making of such an order The
provisions contained in 88. 125, 126, 127 and 128 of the Code of Civil Procedure 1973 show
that they are to provide for a preventive remedy for securing ayment of maintenance which
can be granted quickly and in deserving cases with effect from the date of the application
itself.The rate of maintenance that can be awarded under the Code is limited even though
MEMORIAL ON BEHALF OF THE RESPONDENT – BENEDICT
UNIVERSITY INSTITUTE OF LEGAL STUDIES
3) Whether she should be provided with maintenance for herself and the
child?
The respondent humbly submits that the marriage is not valid we have discussed in issue 1,
adoption is not valid and in issue 3 now the plaintiff has a no right to claim the maintenance
under the hindu law.
According to section 18 (2) of Hindu Adoption and Maintenance act , a hindu wife is entitled for
maintenance if she lives separate from her husband for a justified cause and it is the ground on
which wife may live separate and claim the maintenance. But in this case the respondent is not
the hindu so the Hindu Adoption and maintenance Act is not applicable. According to the fact
when the plantiff and the respondent was stay in Nepal.
Order for maintenance of wives, children and parents. If any person having sufficient means
neglects or refuses to maintain-
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority,
where such child is, by reason of any physical or mental abnormality or injury unable to maintain
itself, or
(a) " minor" means a person who, under the provisions of the I.M.A, 1875 (9 of 1875 ); is
deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her
husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of
the application for maintenance.
Section 125 of Cr. Pc is available to “All neglected wife or discarded wife belonging to any
religion or nationality or having any domicile”. But the sec 125 is not apply in this case.
PRAYER
In the light of arguments advanced and authorities cited, the Respondent humbly submits
that the Hon’ble Court may be pleased to adjudge and declare that:
• That the marriage is not valid and hence can not be reinstituted.
Any other order as it deems fit in the interest of equity, justice and good
conscience.
For This Act of Kindness, the Appellant Shall Duty Bound Forever Pray.