Family Law Moot Problem

1) Mr. Ramesh, a Hindu by religion married Miss. Ranjana on 16th March, 2012 as per Hindu
rituals. Thereafter they resided in the matrimonial home with the parents of Mr. Ramesh. Mr.
Ramesh’s mother was an orthodox female and had high belief in mythology and in Hindu God.
She had firm belief that to attain Moksha, a man needs a son, therefore she always insisted on
Ranjana to conceive and give the privilege to them of being grandparents to a grandson.

2) Miss. Ranjana delivered a baby girl on 25th September, 2014 and thereafter differences arose
between them. Ramesh’s mother continuously passed insulting remarks upon Ranjana and her
baby girl. She often remarked that if Ranjana does not give their family a boy, she will ask
Ramesh to marry another girl. Several times Ramesh fought with his own mother, telling her that
he is satisfied with his wife and has no complaints from her. Ranjana started persuading Ramesh
to leave the house of his parents and move to a new house to which Ramesh never agreed. He
was adamant that he wants to stay with his family.

3) Finally on 15th December, 2015 Ranjana, frustrated with the constant bickering and inability
of her husband to change residence, decided to leave the matrimonial house with her daughter
and return to her parent’s house.

Snever even visit his daughter because Ranjana was never available. Finally, on 2nd August
2016, Ramesh frustrated with Ranjana, filed for divorce u/s 13 of the Hindu Marriage Act
alleging desertion by his wife. The summons was issued to Ranjana at the address shown but the
same were returned by some Ms. Usha marked as ‘refused to accept’. The family court
considering it as good service proceeded with the matter.

5) The petition was heard ex parte and on the basis of evidence adduced by Ramesh, the family
court granted divorce to the husband on 13th June, 2017. The copy of the order was sent by
Ramesh to Ranjana on the address provided.

6) On 14th December 2017 Ramesh married Miss Priyanka, a Hindu by religion. Priyanka
conceived Ramesh’s child and was due for delivery on 5th September 2018. Meanwhile, Mrs.
Ranjana filed an application on 3rd April 2018 before the High Court, for condonation of delay
for filing appeal against the decree of Family Court granting ex parte decree to Ramesh stating
that she was unaware of the proceedings as the summons were served on the address on which
she was not residing. She also stated that her parents moved to a new house and accordingly, she
also went to the new house. Furthermore, she never had the intention to desert Ramesh but only
wanted to teach his mother a lesson. She argued that she was frustrated with the constant remarks
by Ramesh’s mother and hence decided to leave the matrimonial house but never desired to
sever the matrimonial bond. Decide.