MOOT PROBLEM
Introduction
The tragic circumstances surrounding the demise of Ms. Avani Desai,
who succumbed to alleged dowry-related harassment and cruelty within her
matrimonial home. Avani was married to Mr. Rohan on 15th October 2022, in a
lavish ceremony attended by both families. The Sharma family, residing in a
prominent locality in Delhi, is known for its affluent status and conservative
values.
Statement of Facts
Prior to the wedding, the Sharma family had expressed a strong desire for
a substantial dowry, citing their social standing and expectations. Avani's family,
despite financial constraints, endeavoured to fulfill these demands, incurring
significant debt to ensure a grand wedding. Following the marriage, Avani
moved into the Sharma residence, initially experiencing a period of seemingly
harmonious marital life.
However, this facade of normalcy soon crumbled. Subtle yet persistent
demands for additional dowry began to surface. The Sharma family, particularly
Rohan's mother, Mrs. Sunita Sharma, and his brother, Vikas Sharma, constantly
criticized Avani for not bringing enough dowry, insinuating that she was a
burden on the family. These verbal assaults gradually escalated into more overt
forms of harassment.
Avani was subjected to constant verbal abuse, often being called names
and ridiculed for her family's financial background. The emotional torment was
compounded by subtle yet persistent financial demands. The Sharma family
constantly emphasized that Avani was not fulfilling her marital obligations,
citing a lack of contribution to household expenses and a perceived failure to
maintain their social status.
The psychological pressure exerted on Avani intensified, impacting her
mental and emotional well-being. She began experiencing anxiety, insomnia,
and loss of appetite. The constant belittlement and financial demands eroded her
self-esteem, leaving her feeling isolated and worthless.
Physical abuse, though less frequent, also became a part of Avani's
ordeal. On several occasions, Mr. Rohan Sharma was observed pushing Avani,
slapping her, and even on one instance, grabbing her hair. These incidents,
though seemingly minor, instilled a pervasive fear within Avani, further eroding
her sense of safety and security.
Avani's attempts to communicate her distress to her family were met with
dismissive responses. Her parents, burdened by the financial strain of the
wedding and the ongoing pressure from the Sharma family, were hesitant to
intervene, fearing further escalation of the conflict. Avani, feeling isolated and
unsupported, confided in a close friend, who noticed a significant deterioration
in her mental and emotional state.
On the evening of 15th March 2023, Avani was found unresponsive in her
bedroom. The initial police investigation suggested a possible suicide, with a
purported suicide note discovered at the scene. However, the contents of the
note, along with the circumstances surrounding Avani's death, raised serious
concerns.
The suicide note, though seemingly handwritten by Avani, appeared to
contain inconsistencies and lacked the emotional depth expected from a person
contemplating suicide. Moreover, there were no witnesses to corroborate the
suicide theory. The police investigation also uncovered evidence of recent
arguments between Avani and the Sharma family, further fueling suspicions of
foul play.
Based on the evidence gathered, including witness testimonies, forensic
reports, and circumstantial evidence, the police arrested Rohan Sharma, his
parents, and his brother on charges of dowry death, cruelty to a woman, and
abetment to suicide. The arrests sent shockwaves through the community,
highlighting the insidious nature of domestic violence and the devastating
consequences of dowry-related harassment.
Following their arrest, the Sharma family instituted a case in the Sessions
Court of Delhi. In their petition, they argued that the allegations against them
were baseless and that Avani's death was a tragic accident. They contended that
the suicide note a direct evidence of Avani's mental state and dismissed the
allegations of dowry demands and cruelty as mere speculations.
The Sessions Court, after hearing arguments from both sides and
reviewing the evidence presented, denied the granting bail to the accused
members. The court observed that the evidence, albeit circumstantial, pointed
towards a strong possibility of foul play and that the allegations of dowry
harassment and cruelty were substantiated by witness testimonies and other
corroborative evidence.
Dissatisfied with the Sessions Court's order, the Sharma family filed an
appeal in Delhi High Court to obtain decree against the order of trial court and
grant bail to the accused family members. additionally, a petition seeking
quashing of criminal proceedings against them. In their appeal, they reiterated
their arguments, emphasizing the lack of direct evidence to prove their
involvement in Avani's death. They also challenged the admissibility of certain
evidence and argued that the lower court had erred in its assessment of the facts.
The Delhi High Court, after a thorough examination of the case records
and hearing extensive arguments from both sides, reserved its judgment. The
case now awaits the High Court's decision, which will have significant
implications for the accused and will set a precedent for future cases involving
dowry deaths and domestic violence.
Issue 1- whether grounds for appeal and petition for setting against the trial
court order and quashing of criminal proceedings is maintainable before the
High Court.
Issue 2 -Whether the alleged acts of family members pertaining to cruelty and
harassment constitute "cruelty" within the meaning of Section 498A of the
Indian Penal Code.
Issue 3- Make on your own.
3 issues is a compulsion.
