Moot Court Essay

Jitender Sharma was a young boy of 18 years of age. He fell in love with Poonam Sharma who was a girl of 16 years of age. One day they eloped from their respective homes and finally got married as per Hindu rites and ceremonies. Poonam’s family members were against this marriage. Even her Grand Father and Paternal uncle were not ready to accept this marriage at any cost. They threatened Poonam of her life and safety. Thereafter Poonam’s father lodge First Information Report (FIR) against Jitender at Gandhi Nagar Police Station, Delhi under section 363 and section 376 of Indian Penal Code. On 05.05.2010, a typed letter signed by Poonam was received at the Gandhi Nagar Police Station stating that ‘she had married Jitender with her own will and requested not to file any criminal case against Jitender’. Thereafter on 07.05.2010 Jitender and Poonam were apprehended from Bilaspur in Utter Pradesh and produced before respective court. Poonam refuse to undergo any medical examination. She did not state any thing against Jitender in her statement before the Magistrate under section 164 of Code of Criminal Procedure, 1973. Thereafter Jitender was sent to Juvenile Home. Subsequently, Poonam gave in writing that she had left her parents home by her own will and went along with Jitender. The court sent Poonam to Nari Niketan for some time. Then on 17.05.2010, Poonam’s custody was handed over to her Parents. Thereafter, on 15.06.2010 Jitendre was released. Subsequently, he demanded cudtody of her wife by filing writ petition in Delhi High Court. Now argue for the both side and also the law and procedure in the aforesaid matter. Some the issues are listed below and are not limited to the below mentioned issues. These issues are as follows: 1) Whether Jitender is lible for the kidnapping of Poonam from her legal guardian? 2) Whether the marriage is voidable under the Hindu Marriage Act, 1955? 3) Whether the Jitender is liable under section 376 of I.P.C, 1960? 4) Whether Poonam must be sent with Jitender under Guardian and Wards Act, 1890?