INSTITUTE OF LEGAL STUDIES, RANCHI UNIVERSITY
Moot Proposition
Zindya is a country situated at Northern Asia, consisting of 28 States. Zindya is a
secular nation having federal government and a multi-party system. Riya and Raj both
live in Chandhauri district in a state of Uttar Bharat. Riya and Raj are neighbors and
know each other since childhood and had schooling [Link] went to Delhi to
pursue engineering in 2008, they were still in contact, Raj used to ask Riya to visit Delhi
to meet Raj, but she rejected to meet him alone. In January 2012 they told their parents
that they wanted to marry. Meanwhile in March 2013 Raj got a job in Delhi and moved
to Delhi. On 13.10.2013, the Riya and Raj were engaged to be married, at their village
in District Chandhauri. Following their engagement, the Riya went to visit her fiancé, Raj
in Delhi on his invitation.
When she returned to Chandhauri she alleged that during her visit to Delhi, in April
2014, Raj and she had an argument about marriage preparations, Raj went all
aggressive and subjected to verbal and physical abuse, stating that he deserved an
educated girl like her colleagues and also has demanded Rs. 25 lakhs to go through
the wedding or else Riya can marry someone else. Riya’s parents Mr. Pradeep and
[Link] tried to talk to Raj’s parents [Link] and [Link], but they didn’t believe
and said that whatever Raj decides they will follow it.
In December 2015, the Riya’s mother filed a complaint in Chandhauri against Raj and
his family members. Under the threat of complaint RajThe respondent filed an affidavit
at the police station vouching to marry Riya and said that he was stressed of work and
said things which he didn’t mean and denied the fact that he physically assaulted her.
Raj and Riya got married in Delhi in January, 2016.
Around the month of November, 2016 Riya visited her parents home as she was having
difficulties in adjusting to the new place and Raj was always busy with his work. Raj
threatened to kill Riya and hurled abuses at her when she was in Chandhauri, over a
telephone call as she took the jewellery and money with her without informing him and
said he would file a case of theft against her, hearing this Riya got scared and along
with her parents went to Raj’ parents and told her parents and in-laws about it. Her
in-laws also scolded her for not properly handling her matiral life. Also they told her that
Raj was coming the next day and he will decide what has to be done. When Riya and
her parents returned home, Riya said she would manage everything and went out of
home. Riya didn’t return home, the next day police came to Riya house and informed
her parents that Riya had jumped into a well and died. Hearing this her parents were
devastated and filed a FIR for abetment of suicide and dowry death. When Raj came
and knew about the FIR and death, he told police that Riya has committed theft and she
should be held liable and wanted to file an FIR.
The matter was brought before the Session Court of Chandhauri.
Issues:
1) Whether Session Court has power to adjudicate the case?
2) Whether Raj and his family be liable for abetment of suicide and dowry death?
3) Can theft be established against Riya?
