N.B.T Law college moot court 2024 Case No.
12334/2020
GOKHALE EDUCATION SOCIETY’S
N.B.T LAW COLLEGE NASHIK
In the Court of Honorable Family Court Nashik Road
Mrs. Neha Rohan Jotwani………………..Petitioner
V/s
Mr. Rohan Vinod Jotwani………………. Respondent
Advocate Tripti Sanjay Jagtiani
(Llb lll)
(Student Advocate for Petition)
Presented before Prof. Hema Burung
Written submission on behalf of the petitioner.
N.B.T Law college moot court 2024 Case No.12334/2020
The Court of Principal Judge Family Court, Nashik
Nashik Road
Mrs. Neha Rohan Jotwani
Age 30, Occupation- Housewife …………..Petitioner
Flat No 10, Sai Samarth Enclave, Gangapur road,
Nashik, Maharashtra.
V/s
Mr. Rohan Vinod Jotwani
Age 34 Occupation-Service………………….Respondent
Flat no. 5, Moksh Apartment, College road, Nashik Maharashtra
Petition under Section 13(1)a of Hindu Marriage Act 1952.
1.The Petitioner Neha Rohan Jotwani age 30, occupation housewife residing at
Flat No 10, Sai Samarth Enclave, Gangapur road, Nashik is the wife of the
Respondent and their marriage has been solemnized on 11th November 2019,
at Utsav Lawns Nashik road under the Hindu Vedic Rites.
2. The respondent Mr. Rohan Vinod Jotwani Age 34 years, occupation Service
living in Flat no. 5, Moksh Apartment, College road, Nashik is the husband of
Mrs. Neha Rohan Jotwani and is working at Kotak Mahindra Bank in Nashik
earning 2,25,000/per month. The Respondent lives with his father, mother and
younger brother.
3. After Marriage the relation between Petitioner and the Respondent was
perfectely fine for two years, but after two years the Respondent’s attitude
N.B.T Law college moot court 2024 Case No.12334/2020
and behaviour towards the Petitioner changed to much extreme leading to
complications in their relationship.
4.Whereas the respondent’s family started to ask for money and jewellery of
the marriage, and started to misbehave with the petitioner.
3. The Mother in Law of the Petitioner hash been misbehaving, and had started
to spoil things and was putting the wrong guilt on the Petitioner, the Petitioner
thought it may change in some days.
4. The Respondent has been verbally abusing the Petitioner, the petitioner
tried to stop the Respondent from abusing her, and in that quarrel the
Respondent slapped her, it was first instance of physical attack on 20
December 2021.
5. After this incident the Respondent started to come home late and his
behavior was irregular, while going early out for work coming late at night.
6. After somedays the Respondent started to check the cupboard of Petitioner
and kept asking for Jewelry and money from her to bring from her parents.
7. Under everyday pressure, the Petitioner gave the Jewelry to the Respondent
thinking that due to lack of money in the house his behavior has changed and
after getting the money, the Respondent will change and be like before. The
Respondent one day calls the petitioner and abuses on the phone and said it
was his biggest mistake to marry her, and she is not a good wife and cannot be
a good mother too.
8. In a quarrel at home asking for money the Respondent started to hit the
petitioner and said to leave his house. The respondent family supported the
respondent’s action and abused her verbally. The Petitioner’s father came and
took her from there after listening to her, and the petitioner father had file
NCR on 15th March, 2022. Under Section 504 and 506 of the Indian Penal Code.
10. The Petitioner went into depression and attempted to commit suicide in
her house but was saved by her mother. She has been through a lot of trauma
and is getting treatment from a Psychiatrist.
N.B.T Law college moot court 2024 Case No.12334/2020
11. The Petitioner submits for kind and sympathetic consideration of this by
the Hon’ble Court that the respondent has done cruelty and domestic violence
on the petitioner.
12.The Petitioner and Respondent are legally wedded at Nashik and residing
with the limit of N. M. C hence the Hon’ble Court has jurisdiction to entertain
the petition.
13. The case of action arose on 15th March, 2022, when the Respondent has
beaten the the petitioner mercilessly which resulted in a hairline fracture on
her wrist.
14. The petitioner is not liable with the Court fees as the petitioner is a female.
15. That, the petitioner therefore prays that:
A) A divorce be granted in favor of the petitioner as the respondent has
tainted the relationship and done cruelty.
B) A compensation of Rs 10,00,000/- of the spend money by petitioner father
on their marriage.
C) The Jwellery and the material given by Petitioner’s family in their marriage
which was taken by the respondent to be returned.
D) A maintenance of Rs. 50,000/- per month.
D) Any other order be passed in favor of justice.
Date : 03-04-2024
Place: Nashik
Advocate Petitioner
N.B.T Law college moot court 2024 Case No.12334/2020
VERIFICATION
I Petitioner Mrs. Neha Rohan Jotwani Age 30 Occupation Housewife Living in
Flat number 10, Sai Samarth Enclave, Gangapur Road, Nashik, state solemn
Affirmation that the above contents of the above petition are true and correct
and to the best of my knowledge and behalf so I have signed here under.
Date : 3-4-2024
Place: Nashik
Advocate Petitioner
N.B.T Law college moot court 2024 Case No.12334/2020
In THE COURT OF PRINCIPAL JUDGE FAMILY COURT, NASHIK
Mrs. Neha Rohan Jotwani………………..Petitioner
V/s
Mr. Rohan Vinod Jotwani………………. Respondent
AFFIDAVIT
I Mrs. Neha Rohan Jotwani, age 30, Occupation housewife living in Flat number
10, Sai Samarth Enclave, Gangapur road, Nashik, do hereby state on solemn
affirmation as under.
1.The Petitioner Neha Rohan Jotwani, age 30, occupation housewife living in
Flat number 10, Sai Samarth Enclave, Gangapur road, is the wife of the
Respondent and they has been solemnized on 11th November 2019, at Utsav
lawns, Nashik road, Under Hindu Vedic Rites.
2. The respondent Mr. Rohan Vinod Jotwani, Age 34 years , occupation Service
living in Flat no. 5, Moksh Apartment, College road, Nashik is the husband of
Mrs. Neha Rohan Jotwani who is working at Kotak Mahindra Bank earning
2,25,000/per month. The Respondent lives with his father, mother and
brother.
3. After Marriage the relation between Petitioner and the Respondent was
perfectly fine for two years, but after two years the Respondent attitude and
behaviour towards the Petitioner changed to much extreme and their relation
started to go from the difficulties.
N.B.T Law college moot court 2024 Case No.12334/2020
4.Whereas the respondent family started to ask for money and jwellery of the
marriage, and started to misbehave with the petitioner.
3. The Mother in Law of the Petitioner have been misbehaving, started to spoil
things and putting the wrong guilt on the Petitioner, the Petitioner thought it
many change I some days. But later the Respondent stop giving money to the
Petitioner to her expense.
4. The Respondent have been Verbally abusing the Petitioner, this went about
15 days regularly, the petitioner try to stop the Respondent from abusing her,
the Respondent slapped her, it was first stance of physical attack on 20
December 2019.
5. After this incident the Respondent started to come home late and his
behavior was irregular, while going early out for work coming late at night,
drinking time to time.
6. After someday the Respondent started to check the cupboard of Petitioner
and asking Jewelry from her and if she dint bring money from her parents he is
going to marry other woman.
7. Under everyday pressure, the Petitioner gave the Jewellery to the
Respondent thinking due to lack of money in house his behavior have changed
and after getting the money, the Respondent will change and be like before.
But after someday the Respondent started to remain outside house for two
day , sometimes week. The Respondent call the petitioner one day and abuse
on the phone and said it was biggest mistake marrying her, she is not good
wife and cannot be a mother too and h left his previous girl he loved for her. 8.
after two days to find her husband she went to the hotel with her friend. The
Petitioner saw the Respondent with a girl behaving intimately in the hotel
balcony. The Petitioner went to the room in which Respondent was living , she
saw Respondent and the girl together, she was stop by Respondent to enter to
go inside and saying it was a business meeting. The Petitioner after entering
found intimate material and came home.
9. However the Respondent came home the next day and without talking
started to hit the petitioner and said to leave his house. The respondent family
supported the respondent action and abuse her verbally . The Petitioner father
N.B.T Law college moot court 2024 Case No.12334/2020
came and took her from there after listening to her, the petitioner father had
file NCR on 2 March 2020. Under Section 504 and 506 of the Indian Penal
Code.
10. The Petitioner went into depression and attempt to commit suicide in the
river but was saved by the people around, she has went through huge trauma
and getting treatment from the Psycastric .
( Section 504 Criminal Intimidation went for about two years, section 506
simple Criminal intimidation )
11. The Petitioner submit for kind and sympathetic consideration of this
Hon’ble Court that the respondent had created cruelty and domestic violence
on the petitioner and having extra marital affair have breach the relationship
bond of husband wife.
12.The Petitioner and Respondent are legally wedded at Nashik and residing
with the limit of N. M. C hence the Hon’ble Court has jurisdiction to entertain
the petition.
13. The case of action arose on 2 March 2020 when the Respondent have
beaten the petitioner mercilessly which result physical internal injuries cause
crack on her hand bone.
14. The petitioner s not chargeable with the Court fees as the petitioner is
female.
Whatever stated above is true and correct to be best of my knowledge and
behalf so I have signed here under at Nashik on this day of 2023.
Advocate Petitioner
N.B.T Law college moot court 2024 Case No.12334/2020
Permission Letter
Mrs. Neha Rohan Jotwani………………..Petitioner
V/s
Mr. Rohan Vinod Jotwani………………. Respondent
I/ We , Neha Rohan Jotwani herein , do hereby appoint and authorize
Advocate Tripti Sanjay Jagtiani.
To, act appear and plea on behalf in the above matter . I / We are not member
of any welfare fund..
In witness where of I/ We have set my/ our hand on writing.
Date:
Place: Nashik
-----------------
Accepted by Advocate
(Tripti Sanjay Jagtiani)
N.B.T Law college moot court 2024 Case No.12334/2020
In the Court of Honorable Family Court Nashik Road
Mrs. Neha Rohan Jotwani………………..Petitioner
V/s
Mr. Rohan Vinod Jotwani………………. Respondent
Document list
1) Copy of complaint report
2) Medical certificate
3) Photos of physical injuries to petitioner
4) Wedding card
5) Marriage certificate
6) Wedding photo
7) Adhar card
All the document are attached.
Date 03-04-24 signature
N.B.T Law college moot court 2024 Case No.12334/2020
Medico Legal Case(MLC) by doctor
I Dr. Sanjay Kadam herby have diagnosed Mrs. Neha Rohan Jotwani, In
the observation I found bruises on her hand ,face , and on her back. Her
X Ray of hand shows a hairline fracture on her wrist. The injury was
severe and with delaying treatment may have kept mark in future. I
hereby certify that she is unfit for carrying out physical activity for 30
days, I have suggested rest for a month .
Date : 20th March, 2022
place Nashik Doctor
(Dr.Sanjay Kadam)
N.B.T Law college moot court 2024 Case No.12334/2020
Issues
1).Weather Hindu Marriage Act Section 13(ia) applicable to the parties.
Section 13(1A) in The Hindu Marriage Act, 1955
(1A)Either party to a marriage, whether solemnised before or after the commencement of this
Act, may also present a petition for the dissolution of the marriage by a decree of divorce on
the ground
(i)that there has been no resumption of cohabitation as between the parties to the marriage
for a period of one year or upwards after the passing of a decree for judicial separation in a
proceeding to which they were parties; or
(ii)that there has been no restitution of conjugal rights as between the parties to the marriage
for a period of [one year or upwards after the passing of a decree for restitution of conjugal
rights in a proceeding to which they were parties.]
2) Weather there was cruelty during cohabitation.
Yes there was cruelty done by mentally and physical attacks , report of MLC of doctor
submitted,
3) Divorce to be granted on this ground with compensation
Yes
N.B.T Law college moot court 2024 Case No.12334/2020
Argument
(Tripti Sanjay Jagtiani student consul on behalf of the respondent, I would like
to present the case before you. )
1.The Petitioner Neha Rohan Jotwani age 30, occupation housewife living in
Flat no 10, Sai Samarth Enclave, Gangapur road, Nashik, is the wife of the
Respondent and their has been solemnized on 11th November 2019 at Utsav
Lawns, Nashik road. Under Hindu Vedic Rites.
2. The respondent Mr. Rohan Vinod Jotwani Age 34 years , occupation Service
living in flat no. 5, Moksh Apartment, College road, Nashik is the husband of
Mrs. Neha Rohan Jotwani and who is working with Kotak Mahindra bank
earning 2,25,000/per month. The Respondent lives with his father, mother and
brother.
3. After Marriage the relation between Petitioner and the Respondent was
perfectly fine for two years, but after two years the Respondent attitude and
responses toward the Petitioner changed to much extreme and their relation
started to go from the difficulties.
4. The first instance occur in the family when the Petitioner Mother in law
asked Petitioner to give the jwellery to her and spoke rashly about the
petitioner parent. This talk was new and difficult to understand to petitioner ,
why her family changed such way. The respondent started to behave in same
manner, even so the Petitioner tried to solve the dispute by avoiding the
words, and tried best that dispute would not occur but however her efforts
was in vain.
5. However the petitioner was working as a banker before the marriage and
was earning well in her field. After marriage the Respondent and his mother
stopped her from doing job. The petitioner lost her ecomical freedom and job
with it. After days of passing the Respondent behavior was changing day by
day and becoming more and more aggressive, always speaking to her in slang
language , the respondent was creating a helpful hand with his family to
suppress Petitioner in all way.
N.B.T Law college moot court 2024 Case No.12334/2020
6.The Respondent was verbally abuse on daily basis by the family, the quarrel
was verbal day to day, once the Petitioner asked the respondent why was the
respondent was not home for two days and he dint inform her. The
Respondent slapped her , it was first time when the respondent was abused
physically on 20 December 2020. The Respondent have no regret after his
action and never look back as the incident have not taken place. The instances
of abuses was going physically since that day.
7. After this incidence the Respondent thought due to lack of money in house
his behavior have changed and after getting the money, the Respondent will
change and be like before. But after someday the Respondent started to
remain outside house for two day , sometimes week. The Respondent call the
petitioner one day and abuse on the phone and said it was biggest mistake
marrying her, she is not good wife and cannot be a mother too and h left his
previous girl he loved for her.
8. After two days to find her husband she went to the hotel with her friend.
The Petitioner saw the Respondent with a girl behaving intimately in the hotel
balcony. The Petitioner went to the room in which Respondent was living , she
saw Respondent and the girl together, she was stop by Respondent to enter to
go inside and saying it was a business meeting. The Petitioner after entering
found intimate material and came home.
9. However the Respondent came home the next day and without talking
started to hit the petitioner and said to leave his house. The respondent family
supported the respondent action and abuse her verbally as the whole fault lies
with the Petitioner
10. After it the Petitioner let the Respondent house with her father and went
to reside with her father. After the incident the Petitioner father took her to
hospital by seeing the swallowing on her face The Petitioner had been injured
seriously which result to severe injury on her back leg and her hand is cracked.
The X Ray showed the cracking in hand which is being verified by the doctor.
11. By seeing the cruelty done to his daughter the Petitioner father , file
complaint against the Respondent, In instance of meeting the Respondent
have threatened the Petitioner father to kill him by speaking to him in sign way
many times. The Petitioner had filed NCR complaint under section 504 and
N.B.T Law college moot court 2024 Case No.12334/2020
section 506. The copy of the NCR complaint has been submitted and attached
to the document.
12. After this incident have occurred the Petitioner have been goan to
depression and have arouse fear of that incident, The Petitioner have tried to
attempted to commit suicide but was saved by the people around the river.
After a long treatment she has come on the track of living her life, she
remembers now the beating and verbal abuse which made her impossible to
makeup in the relationship.
13.That the petitioner submit for kind and sympetitic consideration regarding
the Petitioner condition, the Respondent has committed cruelty and domestic
violence on the petitioner which result in the petitioner grievous hurt of
physical and mental.
14. That , the petitioner therefore prays that.
A) A divorce be granted in favor of the petition as the respondent has tainted
the relationship and done cruelty.
B) A compensation of Rs 10,00,000/- of the spend money by petitioner father
on their marriage.
C) the Jwellery and the material given by Petitioner family in their marriage
which was taken by the respondent to be returned .
D) Any other order be passed in favor of justice.
