Moot Task - I

Group - III

Basis for Story

1. It is an admitted position that my client is Cinderella who is the step-daughter of the accused.
2. The charges levelled against accused is of ill-treating Cinderella.
3. By definition, a charge is a an accusation that stands to be proved or disproved during trial, therefore
construction of story will be so as to secure acquittal based on evidence.

Story
Both sides have agreed to a common premise to build our stories from, the family tree and mutually

A B D E

C
F G

agreed assumptions are as follows :

A: Cinderella’s Mother
B: Cinderella’s Father (Married ‘D’ {Defendant} after the death of ‘A’)
C: Cinderella (Biological daughter of ‘A’ and ‘B’)
D: Cinderella’s Step-mother (Defendant-accused)
E: Husband of Cinderella’s step-mother (Deceased)
F and G: Off-springs of ‘D’ and ‘E’ (Step-siblings of Cinderella)
Note : Representations in Red and Underlined are now deceased

Assumptions
4. B and D married after their respective spouses from previous marriages passed away.
5. B passed away when Cinderella was only 7 years old.
6. B and D along with their children lived in the familial home belonging to B in the city.
7. Cinderella is now 20 years old.
Brief Facts:

1. That, my client Cinderella is a twenty years old (as on 1.07.2019) is a financially dependent girl
living at the mercy of her step-mother (i.e. D).
2. That, my client was only seven years old when her biological father B married D few days after
the demise of her biological mother A.
3. That, A had 2 children out of previous marriage which came along her to their familial home
after marriage.
4. That, the reason for A’s divorce from her husband was cruelty done by her to her husband
under section 13(1)(ia) of The Hindu Marriage Act-1955
5. That, soon after the marriage Cinderella’s father also died in mischievous circumstances when
she was just 8 years old.
6. That, thereafter the atrocities by the mother had been started against her.
7. That, first of all her admission from the prestigious convent school was cancelled and she was
admitted to government school having any good repute without any reason, while her step
siblings were sent to best schools in the town.
8. That, her contact with outside world was completely blocked. She was not allowed to play
outside with other kids. Even her name was also withdrawn from the dance classes.
9. That, thereafter, the physical atrocities started. She was physically tortured and was forced to
household chores, while at the same time, her step siblings were getting best of education and
care and nurture.
10. That, it was common for mother and her children to mentally and physically abuse her by calling
her by all bad names and thrashing her.
11. That, she was not even provided basic human amenities that include proper three time meal,
workable clothes and sanitary pads. She was deprived of these things also.
12. That, when she was 18 years old and ready to give Board exam, she was forced to leave the
exams and thus education was stopped abruptly without giving any reason. While at the same
time, her step sister was sent to Russia for higher studies.
13. That, when my client protested for the same, she was beaten up, her hands were tied and she
was not given food for eight days. She was also sexually molested by her step brother. It was
time and again told to her that she was “mere liability and a witch who ate their happiness”.
14. That, thereafter my client was forced to house hold chores and was not allowed to meet outside
people. The distant relatives of my client were informed that she being women of bad character
and mental unstable conditions not allowed meeting anyone on doctor’s recommendation.
However, she was never examined by any doctor.
15. That, after two years on night of August 9, 2019 she was able to run off from her home and
when she was found by her classmate in such dilapidated condition on the railway station, she
was admitted to near-by Women care NGO.
16. That, my client’s father had a big ancestral estate in the country side and rental incomes from
such farms are sufficient enough to take care of expenses of four people family.
Legal Claim Elements of Claim Facts to support Source of Proof Informal Formal
Claim Discovery Discovery
Damages in terms Cruelty Medical bills Plaintiff Bruise marks Through her
of Compensation Ex- classmate Scars interview.
people from Testimony of
NGO, Police her classmates
Testimony of
her relatives.

Reimbursement of Man handling. Journal Housemaid Emotionally Testimony of

Medical bills Physical and mental Medical Report Gardener Disturbed her
torture. CCTV footage Behaviour housemaid
Ill treatment. and gardener
Sexual harassment Bruises on private Journal Plaintiff Relative complain Doctor
and sexual body parts Medical report Ex- classmate testimony
exploitation by step People from Police report
brother NGO CCTV footage

Partition of Will written by the Original copy of Original copy of Relative Testimony of
ancestral property father will written by the the will testimony family lawyer
and share in father journal
ancestral property
17. has given the legal provision for divorce on basis of cruelty under section – 13(1)(ia) as follows;
18. “Any marriage solemnized, whether before or after the commencement of this Act, may, on a
petition presented by either the husband or the wife, be dissolved by a decree of divorce on the
ground that the other party has, after the solemnization of the marriage, treated the petitioner
with cruelty”.