3rd Moot Problem

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3*4 MOOT COURT April 2019 MOOT PROPOSITION 1.1 Facts: Smt. Vishaka was married to Mr. Hamid in the year 2004. Post marriage she converts her religion and starts practicing Islam. She had two brothers namely Ram and Krishna. Their father Mr. Vishnu was granted an occupancy certificate by the Land Tribunal constituted under the provisions of the Karnataka Land Reforms Act 1961 and the Karnataka Land Reforms Rules, 1974 In the year 2018 when Vishaka demanded for her share in the property after demise of her father, her brothers denied her share specifically stating that as she is converted to Islam, she is not entitled to any share as per the provisions of the Hindu Succession Act, 1956. Secondly, a ground was taken in the pleadings that definition of family as provided under the Karnataka Land Reforms Act 1961 doesn’t include married daughters. Thus she does not have any share in the property. They have approached the advocate to contest the dispute filed before the City Civil Court, Bangalore. Prepare written submission on behalf of both parties. \ Aw MOOT PROPOSITION 1.2 Facts: Smt. Vishaka was married to Mr. Hamid in the year 2004. Post marriage she converts her religion and starts practicing Islam. Smt. Vishaka & Hamid were blessed with a male child in 2015. There were differences between the couple and Mr. Hamid made a single pronouncement of Talaq and abstained from any conjugal rights with Vishaka for a period of 3 months and at the end of third month he claimed their marriage has been dissolved. Vishaka filed a petition before the family court in Bangalore seeking a declaration that the said Divorce is void inter alia contending that even though they both practiced Islam post marriage, their marriage was solemnised as per the Hindu Rites, Rituals, Customs & Traditions. Prepare written submission on behalf of both parties. yan" MOOT PROPOSITION 1.3 Facts: Smt. Vishaka was married to Mr. Hamid in the year 2004. Post marriage she converts her religion and starts practicing Islam. Smt. Vishaka & Hamid were blessed with a male child in 2015. There were differences between the couple and Mr. Hamid made a single pronouncement of Talaq and abstained from any conjugal rights with Vishaka for a period of 3 months and at the end of third month he claimed their marriage has been dissolved. Mr. Hamid filed proceedings under The Guardians and Wards Act, 1890 before the family court at Bangalore seeking the custody of the child. When Vishaka objected stating that the child is still a minor and thus his custody need to be with her, Mr. Hamid claimed that as per Muslim law the mother will not have any right of Guardianship of a male child and hence he is entitled for the custody of the child. However Vishaka contenting that even though they both practiced Ismail post marriage, their marriage was solemnised as per the ~—- Hindu Rites, Rituals, Customs & Traditions. Prepare written submission on behalf of both parties. | yoy

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