2nd INTER LAW COLLEGE/UNIVERSITY MOOT COURT COMPETITION 2025

TeamCODE:
TEAM Code:111
111

2nd INTER LAW COLLEGE/UNIVERSITY MOOT COURT COMPETITION 2025

BEFORE
THE HIGH COURT OF DELHI

IN THE MATTER OF

SUBHASH MITTAL…………………………………………………PETITIONER

VERSUS

STATE & ANR………………………………………………………RESPONDENT

WRIT (CRIMINAL MISCELLENEOUS) No. ____ of 2024

MEMORIAL FILED ON BEHALF OF RESPONDENTS

COUNSEL APPEARING ON BEHALF OF THE RESPONDENTS

TABLE OF CONTENTS
 2nd INTER LAW COLLEGE/UNIVERSITY MOOT COURT COMPETITION 2025

INDEX OF AUTHORITIES
SUPREME COURT CASES:

HIGH COURT CASES:

LEGAL DATABASES REFERRED:

LEGISLATIONS
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LIST OF ABBREVATIONS

SN. TERM ABBREVIATION

STATEMENT OF JURISDICTION
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STATEMENT OF FACTS
1. The present case revolves around the matrimonial dispute between Subhash Mittal, a
42-year-old established businessman running a successful manufacturing unit in
Delhi, and Priya Mittal, a 38-year-old economics postgraduate from Delhi University
who had been a professor since their arranged marriage in 2013. The marital discord
began surfacing in the initial years itself when Priya expressed her desire to pursue an
academic career, which Subhash strongly opposed, insisting that her primary
responsibility lay in managing household affairs and raising their children according
to traditional family values. Priya alleging persistent emotional neglect, financial
domination, and complete lack of spousal support, while Subhash maintained that
Priya was becoming increasingly unreasonable in her expectations and unwilling to
adapt to family norms. In her FIR, Priya further alleged that there was a demand of
dowry to the tune of Rs. 10 lakhs from Subhash and his family, and she claimed
she was physically assaulted by her husband and in-laws, escalating the severity
of her accusations.
2. The legal battle commenced in 2021 when Priya, feeling trapped in what she
described as an oppressive marital environment, initiated multiple legal proceedings
against Subhash. These included a criminal case under Section 498A of the Indian
Penal Code alleging cruelty and harassment, a comprehensive petition under the
Protection of Women from Domestic Violence Act, 2005 seeking various reliefs
including protection, residence, and monetary compensation, and a separate
application under Section 125 of the Criminal Procedure Code claiming maintenance
on grounds of alleged financial abandonment. Subhash vehemently contested all these
cases, maintaining that they were completely baseless, motivated by extraneous
considerations, and filed with the ulterior motive of extracting financial concessions
through legal coercion and he demanded for restitution of conjugal rights. Despite
his persistent challenges and appeals, the lower courts consistently granted interim
reliefs in Priya's Favor at various stages as they are not living together since heated
debates, citing prima facie merit in her contentions and the need to protect women's
rights in matrimonial disputes.
3. By 2023, the cumulative effect of this prolonged and multi-faceted litigation began
taking a severe toll on Subhash's professional and personal life. The substantial
legal expenses coupled with the recurring maintenance payments ordered by the
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courts started crippling his business operations. Simultaneously, the social stigma
attached to the criminal allegations under Section 498A IPC caused irreparable
damage to his professional reputation, leading to the loss of several valuable business
contracts and partnerships. Medical records from this period conclusively establish
that Subhash was undergoing treatment for severe anxiety disorders, chronic
hypertension, and acute insomnia under psychiatric care, with doctors explicitly
attributing these conditions to the extreme stress caused by the ongoing legal battles.
4. In August 2024, determined to clear his name and put an end to what he perceived as
systematic legal harassment, Subhash approached the Delhi High Court by filing a
comprehensive petition under Section 528 of BNSS (482 of Crpc) seeking quashing
of the FIR registered under Section 498A IPC, along with connected criminal
proceedings. The petition also challenged the validity and quantum of maintenance
orders passed under Section 125 CrPC and the Domestic Violence Act. His primary
contention was that the entire legal process was being weaponized against him
through frivolous litigation, causing irreparable damage to his financial stability,
mental well-being, and social standing.
5. Subhash Mittal’s Side (Petitioners’ Claims): Subhash's legal team presented a
multi-pronged argument before the High Court, systematically challenging the
validity of the cases initiated against him. Their primary submission was that all legal
proceedings were maliciously instituted with the sole intention of extracting unjust
financial benefits and harassing him through the judicial process. They emphasized
the conspicuous absence of any prior complaints or reports of domestic issues during
the initial seven years of marriage, arguing that the allegations suddenly surfaced only
after the marital discord became irreconcilable, which strongly suggested an
afterthought and fabrication of claims. The defense team produced multiple witness
statements from family members, domestic helpers, and close friends that
categorically contradicted Priya's allegations of abuse and mistreatment. These
testimonies collectively painted a picture of a normal marital relationship where
typical disagreements existed but no instance of cruelty or harassment as alleged.
Emphasis was placed on demonstrating that the quantum of maintenance awarded
under Section 125 CrPC was grossly disproportionate to Subhash's actual income and
financial capacity, especially considering the significant downturn in his business
fortunes caused directly by the litigation expenses and attached properties. Detailed
financial records, including audited balance sheets, bank statements, and tax returns
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were submitted to establish that the cumulative effect of maintenance orders and legal
costs was pushing Subhash towards insolvency. Medical documentation from
renowned psychiatrists was presented to prove the severe psychological impact of the
legal battle, including clinical depression and various stress-induced physical
ailments. The defence heavily relied on Supreme Court precedents like Arnesh Kumar
v. State of Bihar to argue that the FIR deserved to be quashed to prevent blatant
misuse of the legal process and protect innocent individuals from being ensnared in
frivolous criminal cases that could destroy their lives and livelihoods.
6. Priya Mittal’s Side (Respondent’s Defense): Priya's legal team mounted a robust
defence, systematically countering each of Subhash's allegations while justifying the
necessity of the legal actions taken by her. They maintained that all complaints were
filed as a last resort after enduring nearly a decade of systematic emotional neglect
and financial subjugation in the marriage. The defence presented a compelling
collection of contemporaneous evidence including detailed personal diary entries,
private medical records, and archived text messages that allegedly demonstrated a
consistent pattern of controlling behavior and emotional abuse by Subhash.
Additionally, Priya’s FIR included specific allegations that Subhash and his family
demanded dowry amounting to Rs. 10 lakhs, and she claimed she was physically
assaulted by her husband and in-laws, further substantiating her claims of cruelty and
harassment. A significant portion of their argument focused on establishing those
multiple judicial forums had already applied their mind to the facts and found
sufficient prima facie merit in Priya's cases to grant various interim reliefs, which
should not be lightly interfered with at this stage. They strongly contested Subhash's
claims of financial distress, producing documentary evidence suggesting concealment
of assets and underreporting of income. The defence team painstakingly analysed
Subhash's business records to demonstrate that he maintained substantial financial
resources and the claimed downturn was either temporary or deliberately engineered
to avoid maintenance obligations. Regarding the mental health aspect, while
acknowledging Subhash's psychiatric treatment records, Priya's counsel argued that
these conditions . could not be automatically attributed to the legal proceedings. They
suggested alternative explanations including pre-existing tendencies and inability to
cope with marital responsibilities. The defence strongly emphasized that a woman's
constitutional right to access legal remedies for genuine grievances—such as dowry
demands and physical assault could not be curtailed merely because the respondent
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found the process inconvenient or stressful, as this would set a dangerous precedent
undermining the protective framework of matrimonial laws.
7. Legal Proceedings Before the High Court: The Delhi High Court is presently seized
with several critical issues that require careful judicial consideration. The primary
matter is the petition under Section 528 BNSS (482 of Crpc) seeking quashing of the
FIR registered under Section 498A IPC and all connected criminal proceedings. The
court must determine whether the allegations in the FIR prima facie disclose any
cognizable offense or whether they represent a clear case of legal process being
abused for oblique motives. This requires delicate balancing between preventing
misuse of criminal law in matrimonial disputes while ensuring genuine victims are not
denied access to justice. Simultaneously, the court is examining the challenge to the
maintenance orders passed under Section 125 CrPC and the Domestic Violence Act.
This involves assessing whether the quantum of maintenance awarded was reasonably
proportionate to Subhash's actual financial capacity after proper verification of his
income sources and assets. The court must consider whether the lower courts
adequately applied the principles of "ability to pay" versus "needs of the
claimant" while determining the maintenance amounts. Another significant aspect
before the court is determining whether the multiplicity of legal proceedings initiated
by Priya - the 498A case, Domestic Violence petition, and maintenance application -
collectively amount to an abuse of the judicial process causing undue harassment.
This requires examining whether these were legitimate exercises of legal rights or
whether they crossed the line into vexatious litigation. The court is also actively
considering whether this matter should be referred to mediation or other alternative
dispute resolution mechanisms, given the acrimonious nature of the litigation and the
presence of minor children whose welfare must be prioritized.
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ISSUES RAISED

1. Whether the FIR under Section 498A IPC and related proceedings should
be quashed under Section 528 of BNSS (482 of CrPC), alleging abuse of
process or not?
2. Whether the maintenance order under Section 125 CrPC is
disproportionate to Subhash Mittal's actual financial capacity, and
whether it violates his rights under Article 21 of the Indian Constitution
or not?
3. Whether restitution of conjugal rights should be granted to Subhash
Mittal or not?
4. Whether the institution of multiple legal proceedings for maintenance and
domestic violence by Priya Mittal constitutes vexatious litigation,
warranting intervention by the High Court to prevent misuse of protective
matrimonial laws or not?
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SUMMARY OF ARGUMENTS
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ARGUMENTS ADVANCED
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PRAYER
2nd INTER LAW COLLEGE/UNIVERSITY MOOT COURT COMPETITION 2025