Moot Problem (21 To 30)

Mr. Raymond v. Ms.
Oriyana
Mr. Raymond belongs to an orthodox religious family who live their life strictly according
to their holy book called the ‘Book of Life’. Their beliefs, which originate from their holy
book, provide for specific gender-defined roles. It provides that women should not work
and should stay obedient to their husbands. The religious script also prohibit the
education of girl child, except religious education. It also forbids the girls from going to
public places or to meet or talk to strangers. Mr. Raymond is a rich businessman who
owns a lot of fast food restaurants across the country. He travels a lot and spends a lot of
time outside the country. His business generated Rs. 100 crore for the financial year
2019-2020.
Ms. Oriyana was born and brought up in New Delhi. Her father is a college professor and
her mother runs a small, but popular, bakery. While her family also belongs to the same
community as Mr. Raymond, they do not practice their beliefs with the same rigour as Mr.
Raymond and his family. Oriyana has a law degree from Delhi University and in 1990 she
won a full scholarship to do an integrated LLM. - PhD from a foreign university in USA.
She completed the same in 1996 and returned back to India to work with an international
organisation [called Equality Nox International] working on LGBT rights issues. In 1998,
her organisation started a campaign project for creation, lobbying and implementation of
welfare schemes for LGBT community in India and she was appointed as a Joint Director
of the said Project.
Ms Oriyana Zutshi met Mr. Raymond Ken at a religious gathering organised to generate
funds for victims of an earthquake. Following the due traditions of their respective
communities they got married in 2010. Raymond and his family convinced Oriyana to
leave her job and stay at home. In 2011, Oriyana gave birth to twin girls. They were
named Lisa Ken and Aliya Ken. The marriage from its very inception was one of turmoil
and tension. Because of their varied mind-sets, Raymond and Oriyana were not able to
mutually decide issues, whether they were related to their relationship or their household.
And most of the times it was Raymond’s will that was imposed. This problem continued
even after the birth of Lisa and Aliya. Raymond accused Oriyana of being of bad-
character, particularly because of her support for issues likes homosexuality and abortion.
He and his family believed her to be anti-religious. There were also instances where
Raymond used violence against Oriyana and also against the daughter. He also seemed
to travel a lot and did not spend much time with his wife and kids. Oriyana wanted to
educate her daughters and sent them to school. However, their father did not permit the
same.
In 2016, the couple got a divorce and Oriyana went to stay with her parents. She took the
daughters with her and Raymond filed a case for custody. The same was denied and the
court stated that the children should stay with their mother till they attain the age of 7
years. However, Raymond was granted visitation rights. Oriyana admitted the daughters
to a school so as to provide them with formal education. She joined back Equality Nox
International as their regional director. However, because of her divorce and the stress at
her work, she started to drink a lot because of which she was temporarily suspended
from her organisation. She underwent rehabilitation and counselling and her condition has
improved a lot. She is planning of joining her organisation in July, 2020.
In December, 2019 Lisa told her father that they wanted to come and live with him. He
has therefore filed a suit for full custody of both the daughters. Oriyana has raised an
issue that the case is time barred and is also barred by virtue of res judicata. The court
has framed the following issues:
1. Whether the petition is maintainable?
2. Whether the principle of res judicata is applicable?
3. Whether Raymond should be granted custody?

Moot Problem (21 To 30)

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Moot Problem (21 To 30)

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Mr. Raymond v. Ms.

1. Whether the petition is maintainable?

2. Whether the principle of res judicata is applicable?

3. Whether Raymond should be granted custody?

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