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MOOT-PROPOSITION-6th-FYLC-Ranka-National-Moot-Court-Competition-2016.pdf

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1 6TH FYLC - RANKA NATIONAL MOOT COURT COMPETITION, 2016 Back Ground for the Moot Proposition Under Hindu philosophy marriage is a sacrament and not a contract. The bride and bridegroom unite to live in togetherness not only till life but for seven births. Marriages are made in heavens and couples unite on the earth, in order to love and respect each other, on equal footing. Caring for both and the family. They live in onene
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   1 6 TH  FYLC - RANKA NATIONAL MOOT COURT COMPETITION, 2016 Back Ground for the Moot Proposition Under Hindu philosophy marriage is a sacrament and not a contract. The bride and bridegroom unite to live in togetherness not only till life but for seven births. Marriages are made in heavens and couples unite on the earth, in order to love and respect each other, on equal footing. Caring for both and the family. They live in oneness, two bodies but one soul. Since times immemorial it has been considered that performing marriage of a daughter is a pious act; sincere efforts are made to find a suitable boy of a family equivalent in status, where she can get same treatment as in the parental family. Similar precautions are taken from the bridegroom ‟s  side. Wedding is performed by both the families with joy and happiness and two families also unite. It has been customary to give presents to the daughter of all such articles, things, assets, ornaments, jewellery, clothes etc. to make her living comfortable in the in-laws family. Presents are also given to the bridegroom, members and relatives of the bridegroom. With passage of time instead of voluntary act of giving, it became business and both the parties started pre-settling and many a times more than capacity of the bride‟s parents –   resulting in „Dowry‟. It was noticed that on non -fulfillment of the demands from bridegroom side, the daughter is ill treated, domestic violence is caused and it results in death. Hence Dowry Prohibition Act was enacted to remedy this social evil.  This moot problem is framed to highlight this evil and to spread awareness in the “youth” to eradicate this evil, which is a black spot in marital life.   2 MOOT PROPOSITION Mr. Suresh Goyal, aged about 25 years, son of Shri Dinesh Goyal an industrialist and high profile person living in „Goyal House‟   a palatial mansion having bar, swimming pool, tennis court, small film screening auditorium, number of classic cars and gadgates. They lead a posh life. Shri Suresh Goyal was studying for MBA in a well known university. 2. Miss Sharda Gupta was aged about 24 years, daughter of Shri Vikram Gupta, a businessman, having chain of departmental stores, leading aristocratic life, was also studying in MBA in the same College as that of Shri Suresh Goyal. Both were in the same class. Miss Sharda Gupta stood first, was a gold medalist. Shri Suresh Goyal also passed but in Second Division. Both fell in love. Both families knew each other and Shri Dinesh Goyal and Shri Vikram Gupta being members of the Ashok Club use to visit house of each other and have drinks. 3. Shri Dinesh Goyal after passing out of his son, who was managing his Mill, was in search of a suitable match for his son. He showed many girls, but Shri Suresh Goyal on one prestext or the other did not consent. Ultimately Shri Suresh Goyal suggested his father to talk to Shri Vikram Gupta for his daughter Miss Sharda Gupta, his classmate. Shri Dinesh Goyal having closely known to Shri Vikram Gupta readily accepted, had a talk with Shri Vikram Gupta. Both agreed for the marriage. However Shri Dinesh Goyal demanded dowry of substantial value, commensurate with his social status and to spend a minimum of Rs. 1 Crore on the wedding apart from the dowry. In order to fulfill the desire of his sweet daughter, he accepted all the terms and conditions. 4. The marriage was performed with pomp and show on 17.07.2012 and the agreed dowry was paid to the entire satisfaction of the Goyal family. 5. On 18 th  July, 2012 Wedding reception was arranged by Shri Dinesh Goyal on a grand and lavish scale, with the presence of more than 5000 persons including Ministers, Senior officials, industrialists, film celebrities, social workers and persons of eminence. Cocktail party with best brands of wine, delicious vegetarian and non-vegetarian delicacies with beautiful ladies to serve, which continued till mid night at Rambagh Palace front lawn which is normally not given for marriage. Venue was illuminated. Guests stayed in Rambagh Palace, Jai Mahal Palace and other five   3 star hotels and were provided all facilities. 10 Chartered flights arrived with guests also in normal flights. Guests were not only entertained but were given costly gifts. The couple left for honeymoon to Switzerland and Other European Countries for a fortnight. 6. The royal wedding was a talk of the town. Commissioner of Income-tax got conducted survey u/s. 133A(5) wherein photographs of the wedding ceremony, venue etc. was videographed, statements of event manager, decorater, electrician, caterers, taxi suppliers etc. were recorded. Photographs and Video recording showed assets and items given in dowry. The investigation cell of the Income-tax Department computed expenditure of Rs. 5 Crores by Shri Gupta and Rs. 7.5 Crores by Shri Goyal. On recording of statements and examination of books of account it revealed that recorded expenditure by each is Rs. 1 Crore only. They stated that expenditure computed by the investigation wing is highly excessive, unreal and actual expenditure incurred by each is Rs. 2.5 Crores only. They admitted that balance of the expenditure is from undisclosed sources and they would pay tax and interest, subject to non-levy of penalty. Both filed their returns of income and declared undisclosed income as per their statements and paid tax and interest. However, on scrutiny assessment u/s. 143(3) the Assessing Officer made addition of the differential amount as per investigation cell and levied tax, interest with notice for penalty u/s. 271(1)(c) of the Act. Both filed appeals which are pending. 7. Mrs. Sharda Goyal did not receive proper treatment from her mother-in-law, sister-in-law as also the father-in-law. Smt. Shalini Goyal was continuously making dowry demands for Mercedes Benj Classic Car and for a fixed deposit of Rs. 1 Crore. However a fixed deposit of Rs. 25 lacs was given in the name of Mrs. Sharda Goyal.  Treatment by all the family members including Shri Dinesh Goyal and his wife Smt. Shalini Goyal, became hard and started ill-treatment with the daughter-in-law. With mental disturbance and non-congenial atmosphere Mrs. Sharda Goyal could not conceive. Her relations with her husband became strained. Her mother-in-law threatened to give birth to a baby boy, within one year, else she would be thrown out and she would re-marry her son. A compromise was arrived with the intervention of family friends and she tendered written apology. 8. By grace of god Mrs. Sharda Goyal gave birth to a baby girl, but the goyal family was not happy and was cursing Mrs. Sharda Goyal. No usual ceremonies and festivities were organized. She   4 was cursed, rebuked and sent to parental house. Mrs. Sharda Goyal was maintaining a daily diary noting every incident minutely. 9. On or about 20.05.2015 Shri Suresh Goyal reached his in-laws house and opologised for mis-treatment of his family. He sought consent of Sharda and she returned to Goyal Palace. But relationship between Sharda Goyal and her husband continued to be estranged due to demand of dowry and excessive drinking of Suresh Goyal who started abusing and beating in the presence of servants. 10. Goyal family planned and accordingly Mr. Dinesh Goyal purchased on 24.5.2015 organo phosphrus sold under the trade name of “NUVAN” from  Shri Sanjay Kumar PW-1 a shopkeeper on the pretext that he required the same to kill the flies. On 25.5.2015, the fateful day, Smt. Sharda Goyal, her mother-in-law forcibly administered poison to the deceased to kill her. Her son also held the body of the deceased physically and forced her to drink. During the course of administration of poison deceased struggled as such sustained injuries on her face, lips and neck. Shri Surendra Kumar PW-2, a servant heard the shrieks and cries of the deceased and extreme weeping of her child. The deceased was crying “Give me salty water. I do not want to die.”. Two other servants Shri Ved Prakash PW-3, and Shri Om Prakash PW-4, reached on the spot and smelt poisonous odour in the room. The articles in the room were scattered. The deceased was lying on the bed having bruises and contusions on her face. Water was splashed on the bed as well as on the floor of the room. The clothes of the deceased were also drenched. Shri Om Prakash, PW-4, requested Shri Dinesh Goyal and suresh Goyal to take the deceased to the hospital immediately. However the accused replied that there was no necessity therefore and that deceased would be all right very soon. In the meantime Shri Anil Kumar PW-5, and Shri Shiv Kumar PW-6, relatives of the deceased also arrived. They noticed the condition of the room and also the precarious and deteriorating condition of the deceased. When they asked the accused what had happened, he reported that it was his private life and they need not bother. The accused refused to take the deceased to the hospital on the pretext that nothing had happened and he himself being father-in-law could look after her. PWs 5 and 6 also smelt poisonous odour in the room. Deceased was crying that she did not want to die and she be saved. On being asked what had happened, she raised her hand towards the accused Shri Dinesh Goyal and Mrs. Shalini Goyal.
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