MOOT PROPOSITION

MOOT PROPOSITION
1. The United Federation of Lurnesia is a sovereign, socialist, secular,

democratic republic known for its rich socio-cultural diversity.
Lurnesia has a population exceeding 1.2 billion, with approximately
4,90,000 individuals identify as transgender. Varnasia, a state
located in the eastern region of Lurnesia, upholds the rights of all
communities, including the transgender community. After
numerous appeals and protests from the transgender community,
the Lurnesian government enacted the Transgender Persons
(Protection of Rights) Act, 2019, which was a significant step
toward recognizing the rights of transgender individuals. However,
despite this legislative progress, societal attitudes have remained
largely unchanged, and relationships between cisgender
individuals and transgender persons continue to be stigmatized,
with transgender individuals often facing abuse due to their gender
identity and sexual orientation.
2. Mr. Arjun Desai, a prominent lawyer in Varnasia, operates a
successful law firm in TechCity. He married Ms. Aditi Rao, the
daughter of Mr. Rajesh Rao, a senior advocate at the Varnasia High
Court. Aditi is a renowned fashion designer, working for
GlamourWear Pvt. Ltd., one of the leading fashion houses in the
country. Their marriage took place on May 25, 2020, following
Hindu customs and traditions.
3. Eleven months into the marriage, Arjun began to feel that Aditi
lacked traditional feminine qualities and requested that she
undergo a medical examination to determine her gender identity.
Aditi refused, leading Arjun to ask her to leave their matrimonial
home. Distressed by Arjun’s behavior, Aditi left and returned to her
parents’ home on May 11, 2021. She subsequently filed a petition
in the Family Court of TechCity under Section 9 of the Hindu
Marriage Act, 1955, seeking restitution of conjugal rights.
4. In response, Arjun filed an application in the same court under
Section 151 of the Code of Civil Procedure, 1908, requesting that
Aditi undergo a medical examination at Zenith Institute of Medical
Sciences, TechCity, alleging that she is transgender. Aditi strongly
opposed this application, arguing that Arjun had never raised this
issue during their 11 months of marriage and that they had
consummated the marriage and had a normal marital life. Despite
her objections, the Family Court granted Arjun’s application on
May 17, 2021, and ordered Aditi to undergo the medical
examination.
5. Struggling with the ongoing marital difficulties, Aditi sought
support from her maternal uncle, Dr. Ramesh Kumar, a senior
professor of psychiatry at Varnasia Medical College. After
discussing the situation, Dr. Kumar diagnosed Aditi with acute
depression, possibly stemming from gender dysphoria.
6. On May 21, 2021, a leading news channel, NL Media Network,
headed by Arjun’s close friend Mr. Raghav Jha, aired a story about
Aditi’s gender identity, alleging that she had misrepresented
herself as a cisgender woman to her husband as she had ulterior
motives. This news caused significant damage to Aditi’s reputation,
leading to a loss of clients and a sharp decline in the stock value of
GlamourWear Pvt. Ltd. To mitigate further losses, the company’s
managing director, Ms. Nisha Verma, terminated Aditi’s
employment.
7. Upon learning about the news broadcast, Aditi’s parents
confronted her, and she reluctantly admitted that “she sometimes
felt like her soul was trapped in the wrong body, though she had
not previously recognized that she might be suffering from gender
dysphoria.” Shocked, Aditi’s parents asked her to leave their home.
8. Following these events, Arjun filed for an annulment of the
marriage on May 28, 2021, claiming that the marriage was invalid
under the law because Aditi is transgender. He argued that Aditi
had misrepresented her gender identity, which invalidated the
marriage. In her defense, Aditi mentioned that since the marriage
is a Republic between men and women, and she is a woman by
virtue of her biological sex, the marriage remains valid. Despite her
arguments, the Family Court granted the annulment on August 6,
2021.
9. Aditi has appealed the Family Court’s decisions regarding both the
medical examination and the annulment of the marriage, and the
case is currently pending before the Varnasia High Court.
10. Additionally, Aditi has filed a petition under Article 226 of the
Constitution of Lurnesia against NL Media Network for violating
her rights to privacy and reputation. She has also filed a petition
against Ms. Nisha Verma for wrongful termination, which has
affected her livelihood.
The present petitions are clubbed together for the sake of convenience
and are place before the High Court of Varnasia for hearing.
The laws of Indus are in pari materia with laws of India.
ISSUES
1. Whether the employer’s decision to terminate employment due to

the decline in business caused by the employee’s gender identity
can be justified under existing law?
2. Does the disclosure of the petitioner’s gender identity by NL Media
constitute a violation of her rights?
3. Whether the Family Court’s decision to grant an annulment based
on alleged misrepresentation of gender identity legally sound?
4. Does the mandatory medical examination to determine gender
identity violate the right to privacy and the right to self-
determination of gender identity?

MOOT PROPOSITION - 8th Sem

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MOOT PROPOSITION - 8th Sem

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1. The United Federation of Lurnesia is a sovereign, socialist, secular,

The laws of Indus are in pari materia with laws of India.

1. Whether the employer’s decision to terminate employment due to

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