Here is the problem!!!!!!!!!!!!!!!!!! The problem for the 4th SMMC moot: MOOT PROBLEM - 4 Shaheen, a shia Muslim married Sohail, a sunni Muslim on November 11, 2006 at Nakpur, Bundelia Pradesh in Republic of Industan. Shaheen is cousin sister of Afreen who is Sohail’s cousin sister on the maternal side. Both Shaheen and Sohail are graduates from a reputed college of Navi Dally University. Sohail is also a qualified chartered accountant. At the time of their marriage, which was an arranged marriage, Sohail was working with one of the big four accounting firms in Bangalore. Shaheen was working as a manager at a leading retail chain. In January, 2009, Sohail relocated to Navi Dally with his wife Shaheen, and has set up a registered partnership enterprise Sohail & Sahil Associates with his college friend Sahil. Sohail and Shaheen live in a 1BHK apartment which is owned by his brother Amir in Greater Palash, but whose electricity charges, house tax, water tax and maintenance are all paid by Sohail. Amir is a permanent resident of United Kingdom and is a doctor with NHS Trust. Sohail and Shaheen had jointly applied for a flat in Navi Dally Development Authority Vikas Scheme, 2010 and have got a flat in lottery in Vistar Vihar Extension – Phase 3. After moving to Navi Dally in January, 2009, Shaheen has been wanting to have a child and stay at home, to which Sohail does not agree. They have been having frequent heated arguments about this. Shaheen has discussed this with her mother, who has also tried to make Sohail understand the issue. Sohail, however, has been unrelenting and considers it too early. Since Afreen had played a vital role in getting them married, she also visited the couple, at Shaheen’s mother’s instance, at their residence in Greater Palash and unsuccessfully attempted to intervene between the two on September 29, 2010. It appears that Afreen being an ambition professional herself was inclined to support Sohail. On November 10, 2010, Sohail and Shaheen again had a heated argument over the same issue. After the argument, Sohail went downstairs for a walk. He returned after two hours and divorced Shaheen with three pronouncements of “talaq”. Afreen was a witness to this development and till today continues to live in the said apartment. Thereafter, Sohail has moved out of the house in Greater Palash where he lived with Shaheen, and has been living in a guest house which is available at nominal rent from his partnership firm. On December 1, 2010, Shaheen filed an application under Protection of Women from Domestic Violence Act, 2005 (“Domestic Violence Act, 2005”) before the Magistrate in Navi Dally seeking to restrain Sohail and Afreen from, directly or indirectly through agents, dispossessing her from the apartment in Greater Palash in Navi Dally. Shaheen had also approached the civil court seeking a declaration that divorce pronounced by Sohail not being in conformity with the Islamic law be declared as a nullity. In addition to defending the above arguments, Sohail has argued that Domestic Violence Act, 2005 to the extent that it gives rights to women beyond the period of iddat is against his fundamental right to practise his religion. Afreen has argued that being Shaheen’s relative she cannot be made a respondent under the Domestic Violence Act, 2005. In December, 2011, while Shaheen’s application under the Domestic Violence Act, 2005 has been allowed, her civil suit for declaration has been dismissed. Thus, writ petitions have been filed both by Shaheen and Sohail before the Navi Dally High Court which have been connected by a court order and are listed together for final disposal. The polity and societal structures of Republic of Industan are identical to that of Republic of India and the provision of the Domestic Violence Act, 2005 and the Constitution of Industan are in pari materia with the Protection of Women from Domestic Violence Act, 2005 and the Constitution of India. Note: 1. Please follow the rules of the SMCC. 2. Participants who dont Submit their memorials by prescribed time in college and to smccplc@gmail their marks will be deducted. Here are the rules who are first timers: STUDENT MOOT COURT COMMITTEE (FOR THE MOOT CLUB) Procedure and Rules: 1. The committee shall consist of 8 students. Among the members 3 persons shall act as judges and 3 persons for valuation memorials and the remaining will deal with the other issues such as date and time of the moots, Problems and such other issues. The minimum qualification for the students to be members is that they must be in the moot court panel and must have participated in outside moots for at least once. 2. Every month 2 moot courts (every 15 days 1 moot court competition) will be conducted. 3. There shall be a compulsory dress code for the members as well as participants, i.e. white shirt, black trousers, black coat, black tie for boys and black shoes. 4. Each team should register as mooter I, II and researcher within 2 days of the notice of the date of competition. Registration as mooter I, II & as researcher is to the discretion of the participants. 5. Participants who want to register them as a team must be present. Their absence will not be considered at the time of registration. 6. A team once registered cannot withdraw from participation and if they fail to participate they will not be provided chance to participate in these moot court competitions for 6 months. 7. The registered teams should submit the written memorials within week after notice of the competition. 8. 2 members of the committee will be shuffling and can be participants in the competitions and all the rules are applicable to them also 9. For the process of registration of teams “First comes first serve “basis will be followed and only the first 11 teams only will be entertained. Apart from these teams one team from the committee will be participating. 10. All process, preparation and other related work of the moot must be done after the college hours only without affecting the college routine. 11. No participant is allowed to bunk the classes in the name of moots. 12. Participants will be allowed into the library for moots only after college hours. 13. If any participant bunks the class in the name of moots and if it comes to the notice of the committee he/she will be disqualified from participation for six months and that team will be disqualified for that particular moot. 14. The names of the participants will be displayed in the notice board and will be notified to the faculty so that the faculty knows who the participants are and who are not and can also tell the names of the participant who is bunking the class in the name of moot 15. A team once participated cannot participate for the next one month. If the participants are more the time may differ 16. Every team will be given of 30 minutes to present their arguments per problem and 5 minutes for rebuttals. Each participant will be given 10 minutes for presentation and 5 minutes for rebuttals. 17. Every team should prepare for both the sides of the problem and should be ready to do any side 18. Slot picking system is followed in deciding which side a team is required to participate. 19. Memorials must be in printed form only 20. Every national moot court participant from the college should come and share his/her experience and should suggest such other changes if any required and new elements to be implemented in mooting. 21. Registration of for new participants is open till 29th of April, 2013 for this academic year. 22. Registration will be done at moot court hall at 2 P.M. on 29th of April. 23. After 29th the registration will be closed and the participants registered will be final and no new persons will be entertained after the closure. 24. On 29th there is an orientation regarding the moot court competition in moot court hall at 2:00 P.M. 25. The organizing committee will have the right to modify the existing rules and to add new rules as and when necessary. 26. The organizers shall be guided by the faculty member who is the chairman of Moot court committee for all academic and disciplinary purpose. 27. The committee shall have the power to raise the fund as and when necessary. 28. The committee reserves the power to impose punishment to any of the member if he/she does not be disciplined. Note: this committee and competitions are put only for experience and practice only.
Posted on: Thu, 14 Nov 2013 02:56:12 +0000
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