_____________________________________________

"The National Legal Opinion Competition - 2024"

organized by

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The Law Society, Department of Law,

AMU Centre Murshidabad.

UTC- 042
 Adv. ARUSH & CO.

7th April, 2024

To : Issac
D.P. Lane, Milton Road
Delhi, India

Dear Sir,

RE : LEGAL OPINION

1. INTRODUCTION
1.1. After our discussion at the office of Adv. Arush & Co. on April 6, 2024, at 10:20 am,
you sought a legal opinion regarding your issue.
1.2. As per your instruction, we have pursued the relevant document provided to us and
accordingly prepared a legal opinion in relation to your subject matter.

2. FACTS OF THE CASE.

2.1. That you meet Ashrifa, a Muslim woman from a wealthy Indian family, pursued her
studies in California, USA, and after friendship, you entered into a marriage at a church
in Delhi.
2.2. That you and your wife had been living separately for families disapproval even after
the marriage.
2.3. That your wife, Ashrifa, sought separation and maintenance after six months of your
marriage.

3. ANALYSIS OF LAW
3.1. This marriage is valid as per section 4 1 of The Christian Marriage Act, 1872 which
states that one or both of the parties to the marriage shall beChristians.

1
4. Marriages to be solemnized according to Act.—Every marriage between persons, one or both of whom is or are a
Christian or Christians, shall be solemnized in accordance with the provisions of the next following section; and any
such marriage solemnized otherwise than in accordance with such provisions shall be void.
 3.2. Ashrifa is not entitled to get a decree of dissolution of marriage as she is not able to fall
her case under any ground mentioned under section 102 of The Divorce Act, 1869.i.e.
Adultery, conversation, unsoundness, venerable disease, not found for 7 years, not
consumption of marriage cruelty, failure to comply with the restitution of conjugal
rights decree, cruelty, and guilty of rape, sodomy and bestiality. Also, she was not
deserted by you, as she was wilfully living separately for a period of 6 months.
Additionally, to satisfy the ground of desertion, she must live separately for not less
than two years.
3.3. According to section 125 (4) 3 of The Code of Criminal Procedure, 1973 no wife shall
be entitled to receive an allowance for the maintenance from her husband if she refuses
to live with him without any reasonable cause. Here, Ashrifa is subjected to this section,
therefore not entitled to claim maintenance.
3.4. Omar Abdullah Vs. Payal Abdullah & Ors4. In this case, the Delhi High Court has held
that the assessability of a petition under section 125. of the Cr.P.C and the issue of
granting interim maintenance are inherently intertwined. Before deciding on interim
maintenance, the court must initially determine whether the husband has neglected or

2
10. Grounds for dissolution of marriage.—(1) Any marriage solemnized, whether before or after the commencement
of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), may, on a petition presented to the District Court either
by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent—
(i) has committed adultery; or
(ii) has ceased to be Christian by conversion to another religion; or
(iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the
presentation of the petition; or
(v) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering
from venereal disease in a communicable form; or
(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally
have heard of the respondent if the respondent had been alive; or
(vii) has wilfully refused to consummate the marriage and the marriage has not therefore been consummated; or
(viii) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after
the passing of the decree against the respondent; or
(ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or
(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that
it would be harmful or injurious for the petitioner to live with the respondent.
3
(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,] [Substituted by Act 50 of 2001, Section 2 for "allowance" (w.e.f. 24-9-2001).] 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.
4
2018 (1) JCC 632.
 refused to provide maintenance to his wife and whether the wife is unable to support
herself. Only after establishing these factors can the court proceed with the case.

4. LEGAL OPINION

4.1. On this basis, we hereby offer the following opinion.

4.2. You must not agree to give Divorce and pay maintenance and you should contest for
saving this marriage. You should highlight that your wife belongs to a wealthy family
as well as well educated. She is able to maintain herself.
4.3. You must file a counter petition for the restitution of conjugal rights under Section 325
of The Divorce Act, 1869. According to Section 326 of The Divorce Act, 1869 a petition
for restitution of conjugal rights can be filed when either spouse has without reasonable
excuse withdrawn from the society of the other. Additionally, you should argue that
living separately for family disapproval is not a reasonable cause. Because she knew
all the facts that you belongs to different religions.

5. THE DOCUMENTS NEEDED FOR RESTITUTION OF CONJUGAL RIGHTS :

5.1. Evidence of your identity.
5.2. Evidence of matrimony.
5.3. An image of the your.
5.4. Anything that verifies the court's jurisdiction .
5.5. Address proof.

6. DISCLAIMERS
6.1. Any opinions expressed in this letter do not establish or confirm your rights regarding
the marital dispute that you have experienced.

5
32. Petition for restitution of conjugal rights.—When either the husband or the wife has, without reasonable excuse,
withdrawn from the society of the other, either wife, or husband may apply, by petition to the District Court for
restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, and
that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights
accordingly.
6
Id. at 5
 6.2. This opinion is based on legal principles established in various court cases, opinions
from other legal professionals, and discussions among our legal team.
6.3. Hence, you should not use this letter to assert your legal rights against anyone,
including your wife, ashrifa. Any actions you take after receiving this letter will be your
responsibility alone.

Yours Faithfully

________________________

Adv. ARUSH
Adv. Arush & Co
 Adv. BALDEV & ASSOCIATES

7th April, 2024

To : Amarchand,
ABC Lane, ZYZ Roand
West Bengal, India

Dear Sir,

RE: LEGAL OPINION

1. INTRODUCTION
1.1.Following our meeting at the Adv. Baldev & Associates office on April 6, 2024, at 10:20
am, during which you requested a legal opinion concerning your problem.
1.2.Hereby, this legal opinion seeks to answer your questions, navigate this complex situation,
and advocate for your rights and interests effectively.

2. FACTS OF THE CASE ARE AS FOLLOWS:

2.1.That you had borrowed land for farming in a small village near Kolkata from Bhawani Rai,
the village zamindar.
2.2.That you had become unable to meet the rent because most of the crops had been destroyed
due to successive droughts and natural calamities. Thereafter, Bhawani Rai had attempted
to reclaim the land for industrial purposes and had commenced legal proceedings to evict
you.
2.3.That you had succeeded in obtaining a stay order from the civil court of Kolkata on the
matter. Furious at this setback, Bhawani Rai unlawfully entered the land, destroyed your
remaining crops, and forcibly expelled you, causing injury in the process.

3. ANALYSIS OF LAWS:
3.1.Based on the facts of the cases, there are specific laws that will be applicable.
 3.2.CONTEMT OF COURTS.
3.3.According to the section 2 (b)7 of The Contempt of Court Act, 1971 any disobedience of
any decree passed by any competent court of jurisdiction is a civil contempt of Court. Here,
Bhawani Rai clearly violated the stay order of the civil court, as you stated. Now, the
section 12 of the aforesaid Act prescribed punishment for the offence. A person who is
guilty of civil contempt may be punished with a fine, and if the court finds that the fine
will not meet justice, he may be send into civil prison for a period not more than six months.
3.4.To understand this, you may go through Pamela Manmohan Singh vs. Harnam Kaur & Ors8
case, where the respondents disregarded the directives issued by the lower court. The issue
at hand is how to address the actions of these respondents. Regarding the penalty outlined
in Section 129 and section 12(3)10of the Contempt of Courts Act, 1971, contempt of court
can result in imprisonment for up to six months, or a fine of up to two thousand rupees, or
both. In the present situation, a fine of Rs 2,000/- was levied on each of the individuals
involved.

3.5.EXEMPTION TO AGRICULTURAL LAND

7
(b) “civil contempt” means wilful disobedience to any judgment, decree, direction, order, writ or other process of a
court or wilful breach of an undertaking given to a court;
8
2008 SCC OnLine Del 643
9
12. Punishment for contempt of court.—(1) Save as otherwise expressly provided in this Act or in any other law, a
contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with
fine which may extend to two thousand rupees, or with both:
Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to
the satisfaction of the Court.
Explanation.—An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused
makes it bona fide.
(2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence in
excess of that specified in sub-section (1) for any contempt either in respect of itself or of a
court subordinate to it.
10
(3) Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the
court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary
shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period
not exceeding six months as it may think fit.
 3.6. As Bhawani Rai tried to forfeit your land, he must give you a notice in accordance to
section 10611 of the Transfer of Property Act, 1882. And Section 11712 of the aforesaid Act
exempts agricultural land from this provision. So your land is totally exempt.

4. LEGAL OPINION
4.1. On this basis, we hereby offer the following opinion:

CONTEMPT OF COURT
4.2.You should file a petition for contempt of court in the High Court. As per the Section 1013
of The Contempt of Court Act, 1971 High Courts have the power to punish contempt of
Subordinate Court. As, Bhawani Rai breach the order of the Civil Court of Kolkata.
4.3. Rule 2. (1) of the Calcutta High Court Contempt of Courts Rules, 1975 states that
Proceedings in connection with a Civil Contempt may be initiated-
(a) by a petition presented by a party or parties aggrieved; or
(b) by the High Court on its own motion; or

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106. Duration of certain leases in absence of written contract or local usage.—(1) In the absence of a contract or
local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be
deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months’ notice; and a
lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable,
on the part of either lessor or lessee, by fifteen days’ notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-
section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls
short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period
mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be
sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to
one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous
part of the property.
12
117. Exemption of leases for agricultural purposes.—None of the provisions of this Chapter apply to leases for
agricultural purposes, except in so far as the State Government may by notification published in the Official Gazette,
declare all or any of such provisions to be so applicable in the case of all or any such leases, together with, or subject
to, those of the local law, if any, for the time being in force.
Such notification shall not take effect until the expiry of six months from the date of its publication.
13
10. Power of High Court to punish contempts of subordinate courts.—Every High Court shall have and exercise the
same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts
of courts subordinate to it as it has and exercises in respect of contempts of itself:
Provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court
subordinate to it where such contempt is an offence punishable under the Indian Penal
Code (45 of 1860).
 (c) on a reference made to the High Court by the subordinate courts as in the case of
"Criminal Contempt".
4.4. To satisfy the rule 314 of the Calcutta High Court Contempt of Courts Rules, 1975, the
petition should be expressly made in “Special Civil Jurisdiction”

COMPENSATION
4.5. You should claim compensation for the destruction of the remaining crops on your land.
Losses suffered by you can be deducted from the rent payable by you. It is your right as a
lessee.

REMEDIES FOR USE OF FORCE

4.6.You Should either file a petition for Battery as a civil wrong or file a petition for hurt under
Section 319.15 Of Indian Penal Code,1860 which is punishable with imprisonment, may
extend to one year under Section 323.16

5. LIMITATION
5.1.No court can take any action for Contempt of court after the expiry of a period of one year
from the date on which the contempt is alleged to have been committed. 17
5.2.Although the agricultural leases have expressly been exempted, in the absence of local
usages and local laws, the provisions of Sections 106 to 116 may be applied to them on the
ground of equity, justice and good conscience.
5.3.You problems are also subjected to express contract made by you and Bhawani Rai, and
local customs and usages.

6. DISCLAIMERS

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3. Every petition shall be expressed to be made in the "Special Jurisdiction" of this Court provided that every
petition for civil contempt shall be expressed to be made in the "Special Civil Jurisdiction" and that every petition
for criminal contempt in the "Special Criminal
Jurisdiction".
15
319. Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
16
323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily
causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or
with fine which may extend to one thousand rupees, or with both.
17
The Contempt of Court Act, 1971, § 20, No.70, Acts of Parliament, 1971 (India).
 6.1. The opinions shared in this letter do not serve to confirm or establish your entitlements
concerning your problems you've encountered.
6.2.Our stance in this matter is grounded in legal principles set forth in diverse court cases,
viewpoints from other legal experts, and deliberations within our legal team.
6.3.Therefore, refrain from utilizing this letter to enforce your legal entitlements against
anyone, including your Bhawani Rai. Any subsequent actions you undertake after receiving
this correspondence will be solely your responsibility.

Yours Faithfully

________________________

Adv. BALDEV

Adv. Baldev & Associates