1- Meaning of the term “mooting”

Mooting is a form of an Oral proceeding similar to that of

a court proceeding practiced mainly in institutions and
universities where law as a subject is taught to see that
how efficient a student is in fighting an argument based
on law. In this a proper court scenario is created where
the students act like the Councilors (Advocates)
presenting each side(Plaintiff and Defendant) on the
basis of evidences and substantive questions of law argue
with each other to prove their point in front of the judge
who in the end will give his judgment in the same regard
and will also declare the winner who has performed the
best.

Also, while presenting their arguments the judge can

question them on facts or question them on any of the
legal concepts to check the aptitude and in prompt
adaptability to the situation of the student. Mooting was
earlier not practised as a subject by the universities in
the law courses but now due to the scope and
requirements of lawyers around the globe mooting in the
form of “Moot Court” as a subject has been added to the
curriculum of the students so that they get prepared and
groomed in a proper manner as a lawyer before they
complete their degree.
 2- IMPORTANCE OF MOOTING
Collaboration
One of the most beneficial aspects of mooting is that it allows you
to meet and socialize with a large number of people from all
around the world. As students from various schools and
institutions come together to represent themselves, it provides an
opportunity for them to gain exposure to the outside world.
Writing and Researching Skills
Participating in moot court contests helps students to improve
their research abilities because it is based on their research that
they will be arguing their case and defending their side, as well as
constructing a good moot court memorial on which the opposing
team will raise objections and interrogate them. This can also help
them to improve their skills in adapting to sudden situations and
dealing with uncomfortable scenarios.
Building Self-Belief
Mooting helps a person gain confidence in talking and presenting
their point of view to others. It aids in the development of a
person’s confidence to the point where they are not afraid to
question or speak in front of others and can effectively fight
cases.
Practical Experience
Mooting assists students who are studying law by providing
practical implications and knowledge that they would not find in
books and would be unaware of, as practical and theoretical
knowledge is like two sides of the same coin, and to pass the
hurdle you must study both of them, even though they appear to
be the same but are opposite in reality.
Collaboration
Moot court contests are held at the school or institutions that host
them, and teams from several colleges compete. The team
consists of three students, one of whom serves as the researcher
and the other two as presenters, expressing opposing viewpoints.
This teaches students how to work successfully as a team and
examine their strengths and weaknesses, as well as how to
improve them to reach optimum efficiency. It also teaches you
how to work with people who are different from you and how to
collaborate with them.
CRPC SEC 125

 If any person having sufficient means neglects or refuses to maintain;

1. his wife, unable to maintain herself, or

2. his legitimate or illegitimate minor child, whether married or not,
unable to maintain itself, or
3. his legitimate or illegitimate child (not being a married daughter)
who has attained majority, where such child is, by reason of any
physical or mental abnormality or injury unable to maintain itself,
or
4. his father or mother, unable to maintain himself or herself,

A Magistrate of the first class may, upon proof of such neglect or

refusal, order such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother, at such
monthly rate as such magistrate thinks fit, and to pay the same to
such person as the Magistrate may from time to time direct;

Provided that the Magistrate may order the father of a minor

female child referred to in clause (b) to make such allowance, until
she attains her majority, if the Magistrate is satisfied that the
husband of such minor female child, if married, is not possessed of
sufficient means.

Provided further that the Magistrate may, during the pendency of

the proceeding regarding monthly allowance for the maintenance
 under this Sub-Section, order such person to make a monthly
allowance for the interim maintenance of his wife or such child,
father or mother, and the expenses of such proceeding which the
Magistrate considers reasonable, and to pay the same to such
person as the Magistrate may from time to time direct;

Provided also that an application for the monthly allowance for

the interim maintenance and expenses of proceeding under the
second proviso shall, as far as possible, be disposed of within sixty
days from the date of the service of notice of the application to
such person.

For the purposes of this Chapter–

a) “minor” means a person who, under the provisions of the Indian
Majority Act, 1875 (9 of 1875) is deemed not to have attained his
majority;
b) “wife” includes a woman who has been divorced by, or has
obtained a divorce from, her husband and has not remarried.

 Any such allowance for the maintenance or interim maintenance and

expenses of proceeding shall be payable from the date of the order, or, if
so ordered, from the date of the application for maintenance or interim
maintenance and expenses of proceeding, as the case may be.
 If any person so ordered fails without sufficient cause to comply with
the order, any such Magistrate may, for every breach of the order, issue
a warrant for levying the amount due in the manner provided for levying
fines, and may sentence such person, for the whole, or any port of each
month’s allowance allowance for the maintenance or the interim
maintenance and expenses of proceeding, as the case may be remaining
unpaid after the execution of the warrant, to imprisonment for a term
which may extend to one month or until payment if sooner made;

Provided that no warrant shall be issued for the recovery of any amount
due under this section unless application be made to the Court to levy
such amount within a period of one year from the date on which it
became due;

Provided further that if such person offers to maintain his wife on

condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may
make an order under this section notwithstanding such offer, if he is
satisfied that there is just ground for so doing.
 No wife shall be entitled to receive an allowance for the maintenance
or the interim maintenance and expenses of proceeding, as the case may
be from her husband under this section if she is living in adultery, or if,
without any sufficient reason, she refuses to live with her, husband, or if
they are living separately by mutual consent.
 On proof that any wife in whose favour an order has been made under
this section is living in adultery, or that without sufficient reason she
refuses to live with her husband, or that they are living separately by
mutual consent, the Magistrate shall cancel the order.
Read more at: https://devgan.in/crpc/section/125/
Section 125 of CrPC: NEW

Order for maintenance of wives, children and parents:

(1) If any person having sufficient means neglects or

refuses to maintain–

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether

married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married

daughter) who has attained majority, where such child is,
by reason of any physical or mental abnormality or injury
unable to maintain itself, or

(d) his father or mother, unable to maintain himself or

herself,

a Magistrate of the first class may, upon proof of such

neglect or refusal, order such person to make a monthly
allowance for the maintenance of his wife or such child,
father or mother, at such monthly rate as such Magistrate
thinks fit and to pay the same to such person as the
Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a

minor female child referred to in clause (b) to make such
allowance, until she attains her majority, if the Magistrate is
satisfied that the husband of such minor female child, if
married, is not possessed of sufficient means:

[Provided further that the Magistrate may, during the

pendency of the proceeding regarding monthly allowance
for the maintenance under this sub-section, order such
person to make a monthly allowance for the interim
maintenance of his wife or such child, father or mother, and
the expenses of such proceeding which the Magistrate
considers reasonable, and to pay the same to such person
as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance

for the interim maintenance and expenses of proceeding
under the second proviso shall, as far as possible, be
disposed of within sixty days from the date of the service of
notice of the application to such person.]

Explanation.–For the purposes of this Chapter,

(a) “minor” means a person who, under the provisions of

the Indian Majority Act, 1875 (9 of 1875) is deemed not to
have attained his majority;
(b) “wife” includes a woman who has been divorced by, or
has obtained a divorce from, her husband and has not
remarried.

(2) Any such allowance for the maintenance or interim

maintenance and expenses of proceeding shall be payable
from the date of the order, or, if so ordered, from the date
of the application for maintenance or interim maintenance
and expenses of proceeding, as the case may be.

(3) If any person so ordered fails without sufficient cause to

comply with the order, any such Magistrate may, for every
breach of the order, issue a warrant for levying the amount
due in the manner provided for levying fines, and may
sentence such person, for the whole or any part of each
months [allowance for the maintenance or the interim
maintenance and expenses of proceeding, as the case may
be,] remaining unpaid after the execution of the warrant, to
imprisonment for a term which may extend to one month
or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of

any amount due under this section unless application be
made to the Court to levy such amount within a period of
one year from the date on which it became due:

Provided further that if such person offers to maintain his

wife on condition of her living with him, and she refuses to
live with him, such Magistrate may consider any grounds of
refusal stated by her, and may make an order under this
section notwithstanding such offer, if he is satisfied that
there is just ground for so doing.

Explanation.–If a husband has contracted marriage with

another woman or keeps a mistress, it shall be considered
to be just ground for his wifes refusal to live with him.

(4) No wife shall be entitled to receive an [allowance for the

maintenance or the interim maintenance and expenses of
proceeding, as the case may be,] from her husband under
this section if she is living in adultery, or if, without any
sufficient reason, she refuses to live with her husband, or if
they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has

been made under this section in living in adultery, or that
without sufficient reason she refuses to live with her
husband, or that they are living separately by mutual
consent.

STATE AMENDMENTS

Madhya Pradesh–

Amendment of Section 125.– In sub-section (1) of section

125 of the Principal Act, for the words “five hundred
rupees” the words “three thousand rupees” shall be
substituted.

[Vide Madhya Pradesh Act, 10 of 1998, s. 3.]

Madhya Pradesh

Amendment of Section 125.– In section 125 of the principal

Act,–

(i) for the marginal heading, the following marginal heading

shall be substituted, namely:–

“Order for maintenance of wives, children, parents and

grand parents.”

(ii) In sub-section (1), —

(a) after clause (d), the following clause shall be inserted,

namely: —

“(e) his grand father, grand mother unable to maintain

himself or her self.”;

(b) In the existing para, for the words “a Magistrate of the

first class may, upon proof of such neglect or refusal, order
such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother at
such monthly rate not exceeding three thousand rupees in
the whole, as such Magistrate thinks fit, and to pay the
same to such person as the Magistrate may from time to
time direct”, the words a Magistrate of the first class may
upon proof of such neglect or refusal, order such person to
make a monthly allowance for the maintenance of his wife
or such child, father, mother, grand father, grand mother at
such monthly rate, as such Magistrate thinks fit, and to pay
the same to such person as the Magistrate may from time
to time direct” shall be substituted;

(c) After the existing first proviso, the following proviso

shall be inserted, namely:–

“Provided further that the relatives in clause (e) shall only

be entitled to monthly allowance for maintenance if their
sons daughters are not alive and they are unable to
maintain themselves.”

[Vide Madhya Pradesh Act 15 of 2004, s. 3.]

West Bengal

In Sub-section (1) of section 125 of the Principal Act, —

(1) for the words “five hundred rupees”, the words “one
thousand and five hundred rupees” shall be substituted;

(2) after the existing proviso, the following proviso shall be

inserted:–

“Provided further that where in any proceeding under this

section it appears to the Magistrate that the wife referred to
in clause (a) or the minor child referred to in clause (b) or
the child (not being a married daughter) referred to in
clause (c) or the father or the mother referred to in clause
(d) is in need of immediate relief for her or its or his
support and the necessary expenses of the proceeding, the
Magistrate may, on the application of the wife or the minor
child or the child (not being a married daughter) or the
father or the mother, as the case may be, order the person
against whom the allowance for maintenance is claimed, to
pay to the petitioner, pending the conclusion of the
proceeding, the expenses of the proceeding, and monthly
during the proceeding such allowance as, having regard to
the income of such person, it may seem to the Magistrate
to be reasonable.”.

[Vide West Bengal Act, 25 of 1992, s. 4.]

West Bengal

In sub-section (1) of section 125 of the principal Act, as

amended by the Code of Criminal Procedure (West Bengal
Amendment) Act, 1992, the words “not exceeding one
thousand and five hundred rupees” the proviso shall be
omitted.