List of Abbreviations ..1 2. Index of Authorities 2: - Cases Referred - Statutes - Websites Referred

TABLE OF CONTENTS
1. List of Abbreviations………..1
2. Index of Authorities…………2
• Cases referred
• Statutes
• Websites Referred
3. Statement Of Facts…………. 4
4. Statement Of Issue…………..7
5. Argument on Issue…………..8
6. Prayer…………………..........10
LIST OF ABBREVIATIONS
Abbreviations Full form

AIR All India Report
V. Versus
UP. Uttar Pradesh
& and
ANR. Another
Sec. Section
Er. Engineer
Misc. Miscellaneous
INDEX OF AUTHORITIES
Cases Referred
• Joginder Singh V. Arvinder Kaur
• Vasudev Pardasani V. Smt. Nirmala
Statutes
• The Hindu Marriage Act, 1955
• The Hindu Adoptions and Maintenance Act, 1956
• The Indian Penal Code, 1860
Websites Referred
• https://en.m.wikipedia.org
• https://indiankanoon.org
• https://www.casemine.com
IN THE DISTRICT COURT, JAIPUR
RAJASTHAN
APPELLATE JURISDICTION
Appeal No..…….
‘A’, ‘K’ & ‘B’ APPELLANTS
v.
‘G’ RESPONDENTS
On submission to the Family Court of Jaipur

Memorial On Behalf of The Appellants
To,
The Judge of the Family court
of Jaipur, Rajasthan
MOST RESPECTFULLY SHEWETH:
STATEMENT OF FACTS
• Marriage of ‘G’ (a girl) and ‘B’ (a boy) was solemnized as per

Hindu rituals at Jaipur on 24.03.2010. Husband ‘B’ is resident of
Jaipur whereas parents of ‘G’ are resident of Uttar Pradesh. ‘B’ at
the time of marriage was pursuing his Engineering degree but this
fact was not disclosed to ‘G’ and her family and rather they were
made to believe that ‘B’ is an Engineer. ‘G’ herself was a qualified
Engineer at the time of marriage. Soon after marriage, the truth
about qualification of ‘B’ was disclosed to ‘G’ and her parents. ‘G’,
despite the truth of husband’s lie about qualification coming to
her knowledge, continued in the matrimonial home by deposing
faith in her husband.
• ‘B’ still didn’t even attempt to complete his education but he

started trading in share market which fetch him huge dividends.
‘B’ started trading in properties as well and earned huge income.
He even purchased four properties in his name. ‘B’ despite having
decent income, was not giving a single penny to his wife or at
home for meeting out the day to day expenses at home. His
parents made ‘B’ and his wife leave their home and reside at a
separate place on their own. ‘B’ started living at a separate place
with his wife but still he did not spend a single penny for meeting
out the day to day expenses of matrimonial home. ‘G’ had to take
regular financial help from her parents to meet out the
requirements of matrimonial home including the food
requirements of the couple.
• ‘B’ started visiting another women namely ‘W’ and developed

relationship with her. ‘G’ came to know about this relationship
and opposed the same. Upon being opposed, ‘B’ left the
matrimonial home and started residing with the said ‘W’. ‘B’
married with the said woman in a temple. ‘G’ waited for ‘B’ to
return to matrimonial home for more than 2 years but he didn’t
return and deserted her during the said period and thereafter.
• ‘G’ filed application under Section 18 of the Hindu Adoption and

Maintenance Act, 1956. During pendency of proceedings, ‘B’
gifted his two out of total 4 properties, in favour his cousin and
remaining two properties were sold by him to a bonafide
purchaser known as ‘K’ against consideration. All four properties
were transferred on same day during pendency of aforesaid
proceedings U/s 18 of the Act.
• ‘G’ upon coming to know about the aforesaid action, issued public
notice in local newspapers having sufficient circulation in the area
and made public at large aware about her right to receive
maintenance from properties of her husband. Cousin of ‘B’, upon
witnessing the newspaper publication, sold the properties to yet
another close and near relative of ‘B’ known as ‘A’, who happens
to be resident of same area.
• The purchasers of properties, i.e. ‘A’ & ‘K’ were impleaded as

defendants in the matter but ‘W’ was not impleaded upon her
application through which she claimed her right on property in
the capacity of wife of ‘B’. Court held that ‘W’ was not a legally
wedded wife as the marriage of ‘B’ & ‘G’ was still surviving. Court
after hearing all the parties, the proceedings U/s 18 as initiated by
‘G’ were decreed and a charge of bearing the burden of
maintenance amount and its arrears was created on all the four
properties.
• ‘A’ and ‘K’ filed separate miscellaneous appeals and challenged

the decree to the extent of properties owned by them at the
strength of registered sale deeds executed in their favour. ‘B’ also
filed appeal on the ground that he is wedded with ‘W’ and the
couple even has a child and therefore ‘G’ is not entitled to any
maintenance.
STATEMENT OF ISSUE
(1) Whether ‘A’ is entitled to have the property sold to him

by cousin of ‘B’ and whether the charge for the purpose
of bearing burden of maintenance, created upon the
property registered in the name of ‘A’ was valid?
(2) What was the status of property received in gift by the

cousin of ‘B’?
(3) Whether ‘K’, a bonafide purchaser, is entitled to have

the property sold to him by ‘B’ and whether the charge
created upon the property registered in the name of ‘K’,
for the purpose of bearing burden of maintenance, was
valid?
(4) What is the right of ‘W’ in this matter, if any and

whether the defense of ‘B’ on the basis of his alleged
marriage with ‘W’ worth granting relief to him?
ARGUMENTS
➢ ‘A’ is entitled to have the property sold to him by

cousin of ‘B’ as ‘A’ purchased the property from
cousin and he believed that the property was
cousin’s personal property. He was not aware that
the property purchased by him was the property of
‘A’ on which charge for the maintenance was
created. Charge for the purpose of bearing burden of
maintenance, created upon the property registered
in the name of ‘A’ is not valid as ‘A’ was unaware of
this fact and no sufficient information was published
in the newspaper regarding the property which
would clarify that property was charged for
maintenance to G.
➢ The property received by cousin of ‘B’ is a valid gift

as the gift was made before receiving the court
summons. And even if the gift is invalid, cousin of B
is not at fault as he was not aware of the pendency
of case. He accepted the gift being unaware of the
fact and once a gift made cannot be revoked back.
➢ ‘K’ is entitled to have the property sold to him by ‘B’

as ‘K’ did not have the notice of right and charge.
Acc. to section 27 the right is liable to be defeated by
a transfer of the property to a bona fide purchaser
for value without notice of the claim of maintenance
and the transfer is made against consideration
therefore section 28 does not apply here. The charge
frame is invalid as the property was transferred
against consideration.
➢ ‘W’ was not aware of first marriage of ‘B’. ‘B’

concealed subsistence of his earlier marriage while
marrying the second wife so ‘B’ is entitled to give
maintenance to second wife. Second wife is to be
treated as a legally wedded wife for the purpose of
maintenance. Badshah v. Urmila Badshah Godse, (2014)
1 SCC 188.
➢ Acc. to section 20 a legitimate or illegitimate child is

entitled to be maintained by his parents, during his
life time.
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:
By an appropriate order or direction appeal should
be approved.
Any other order as it deems just and proper to the

facts of the case may also be passed in favour of the
respondent.
Humble Respondent,
Through,

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TABLE OF CONTENTS

Abbreviations Full form

‘A’, ‘K’ & ‘B’ APPELLANTS

On submission to the Family Court of Jaipur

MOST RESPECTFULLY SHEWETH:

• Marriage of ‘G’ (a girl) and ‘B’ (a boy) was solemnized as per

• ‘B’ still didn’t even attempt to complete his education but he

• ‘B’ started visiting another women namely ‘W’ and developed

• ‘G’ filed application under Section 18 of the Hindu Adoption and

• The purchasers of properties, i.e. ‘A’ & ‘K’ were impleaded as

• ‘A’ and ‘K’ filed separate miscellaneous appeals and challenged

(1) Whether ‘A’ is entitled to have the property sold to him

(2) What was the status of property received in gift by the

(3) Whether ‘K’, a bonafide purchaser, is entitled to have

(4) What is the right of ‘W’ in this matter, if any and

➢ ‘A’ is entitled to have the property sold to him by

➢ The property received by cousin of ‘B’ is a valid gift

➢ ‘K’ is entitled to have the property sold to him by ‘B’

➢ ‘W’ was not aware of first marriage of ‘B’. ‘B’

➢ Acc. to section 20 a legitimate or illegitimate child is

In the light of arguments advanced and authorities

Any other order as it deems just and proper to the

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