Moot Problem 2 PP 9a

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MOOT PROBLEM 2

1. Rinku, born as fourth child in family consisting of his father Raju alias
Rahmatullah Khan, his mother Renuka alias Ria Khan and three siblings, used to
live with his maternal grandparents who were Hindu. They used to observe
different practices at home and hence it was explained to him that his parents
were also Hindu by birth, though belonging to a lower caste. For the reasons of
such discriminatory practices prevailing against the people belonging to lower
caste he decided to convert to Islam.

2. Determined to bring about change in such discrimination he applied for seat in


Gurgaon Medical College, but the converts to other religions from Hinduism were
treated as backward classes thereby he didn‟t get admission. On the advice, he got
himself converted to Hinduism by going through Suddhi ceremony, claiming to be
a member of Madiga caste he got admission as falling under Schedule Caste.

3. In the fifth year of his study, he fell in love with a Muslim girl Fatima, though
aware about their status in the society. The girl reasoned that she can convince her
father for their marriage as they are both Muslims, but then Rinku disclosed about
his conversion to Hinduism which made her feared that the marriage would not be
accepted by her father as being strong follower of Islam. When she went home,
She got aware about the preparations of her marriage to a boy named Farhan.
When she narrated the facts to Rinku, he insisted they should get married soon
and under the emotional threat and pressure she agreed for such marriage.

4. He made Fatima to undergo Suddhi ceremony, solemnized the marriage in a


temple, thereafter also married under Muslim form wherein Qazi performed their
marriage. When the girl felt guilty about the marriage, she confessed it to her
father who convinced her to get out of this relationship as Rinku is not a
trustworthy person. He made her to believe and migrated her to another medical
college. When she stopped all her contacts with Rinku, he filed for Restitution of
Conjugal Rights under the HMA, 1955 in Family Court of Gurgaon, Haryana.

5. Fatima challenged the validity of the marriage alleging that her conversion to
Hinduism is not valid. Though Rinku countered that in case the Hindu marriage is
not valid, the Muslim marriage is valid one. Fatima again contended that even that
marriage was not valid as a Muslim woman cannot marry a non-Muslim. Thus
creating dichotomy when Rinku accepted that his conversion was not valid as
done for the purpose of getting admission in Medical College, thereby validating
the Muslim marriage.

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