S. S.
MANIYAR LAW COLLEGE, JALGAON
Dr. Annasaheb G.D.Bendale Memorial
15th NATIONAL MOOT COURT COMPETITION.
22nd & 23rd Feb, 2020
MOOT PROPOSITION
Anil Sharma -------Appellant
Versus
Sunanda Sharma------- Respondent
Dr. Annasaheb G.D.Bendale Memorial
15th NATIONAL MOOT COURT COMPETITION
1. The Appellant filed the writ petition against the order passed by the Hon’ble Delhi High
Court, thereby setting aside the judgment passed by the District Court declining to award the
maintenance pendente lite to the respondent and also make the addition to 10,000/- which the
appellant is already paying as interim maintenance as per the order of the lower court under
section 23 (2) of the Protection of Women from Domestic Violence Act.
2. The facts of the writ petition are to the effect that according to the appellant his marriage
with the respondent was solemnized on 16.02.2005. Thereafter, she was residing with the
appellant at Delhi. Thereafter, on account of strained relations with the respondent in the
marital life the appellant filed a divorce petition in 2007 under the Hindu Marriage Act
seeking divorce on the grounds of cruelty.
3. Thereafter, as counter the respondent filed a petition under the Domestic Violence Act and
prayed for interim maintenance under the same. Also the respondent filed a complaint on
23.11.2007 under Section 498-A and Section 406 Indian Penal Code against the Appellant
and family members which was later on registered as FIR with the Delhi Police Station. In
December, 2007, Respondent filed another complaint under section 125 Code of Criminal
Procedure before the Family Court, Delhi. Her interim application seeking maintenance
amongst other reliefs under Section 23 (2) of the D.V. Act was dismissed by the
Metropolitan Magistrate, Delhi on the ground that the Respondent was employed and was
getting a stable income and that no document was placed on record by the Respondent to
show that Respondent had again become jobless. Against the dismissal of application for
maintenance, the Respondent had filed criminal appeal before Additional Sessions Judge,
Delhi. In the said appeal and in Criminal Revision, Additional Sessions Judge, Delhi by an
order dated granted maintenance of Rs. 10,000/- per month to the Respondent.
4. In the pretext of arrest the Appellant filed an application under Section 438 Code of Criminal
Procedure for grant of anticipatory bail. The High Court granted anticipatory bail to the
Appellant subject to conditions.
5. The Respondent filed application under Section 24 of the Hindu Marriage Act claiming
interim maintenance pendente lite of Rs. 4,00,000/- per month and also a sum of Rs. 80,000/-
Dr. Annasaheb G.D.Bendale Memorial
15th NATIONAL MOOT COURT COMPETITION
to meet litigation expenses during the pendency of the divorce petition. In the said
application, the contention of the Respondent that she has no source of income and totally
depending on the appellant to maintain herself and therefore respondent claimed interim
maintenance. This application came to be resisted by the appellant and submitted that the
respondent is an educated lady and that she had completed her one year course of Fashion.
Therefore, she is able to maintain herself. The application filed Under Section 24 of the
Hindu Marriage Act was dismissed by lower court. Being aggrieved, the Respondent filed
Criminal Miscellaneous Application before the High Court, Delhi. The High Court in its
order directed both the parties to file an affidavit truthfully disclosing their correct income.
Both the appellant and respondent submitted an affidavit as to their income in compliance of
the aforesaid order. The Hon’ble High Court by the impugned order directed the Appellant to
pay interim maintenance of Rs. 60,000/- per month in addition to Rs. 10,000/- which was
directed to be paid to the Respondent in the proceedings under the D.V. Act, 2005.
6. The Appellant being aggrieved by the order of Hon’ble High Court, Delhi the Appellant
came in appeal before Supreme Court.
Argue the case on both sides before Supreme Court.
Note: Indian Laws will be applicable for the petition.
