Moot Court Essay

Jitender Sharma was a young boy of 18 days of age. He fell in love with Poonam Sharma who was a girl of 16 years of age. One day they eloped from their respective homes and finally got married as per Hindu rites and ceremonies. Poonams family members were against this join. Even her Grand Father and Paternal uncle were not ready to accept this marriage at whatsoever cost. They threatened Poonam of her tone and safety. Thereafter Poonams father lodge First Information reputation (FIR) against Jitender at Gandhi Nagar Police Station, Delhi under slit 363 and section 376 of Indian penal Code. On 05.05.2010, a typed letter signed by Poonam was received at the Gandhi Nagar Police Station stating that she had married Jitender with her let will and requested not to file any criminal case against Jitender.Thereafter on 07.05.2010 Jitender and Poonam were understand from Bilaspur in Utter Pradesh and produced before respective court. Poonam refuse to undergo any medical examination. She did not state any thing against Jitender in her rumor before the Magistrate under section 164 of Code of Criminal Procedure, 1973. Thereafter Jitender was move to Juvenile Home. Subsequently, Poonam gave in writing that she had left her parents home by her own will and went along with Jitender. The court sent Poonam to Nari Niketan for some time. Then on 17.05.2010, Poonams custody was handed over to her Parents. Thereafter, on 15.06.2010 Jitendre was released.Subsequently, he demanded cudtody of her married woman by filing writ petition in Delhi High Court. this instant argue for the both side and also the law and procedure in the aforesaid matter. Some the issues are listed below and are not hold to the below mentioned issues. These issues are as follows 1) Whether Jitender is lible for the kidnapping of Poonam from her legal guardian? 2) Whether the marriage is voidable under the Hindu Marriage Act, 1955? 3) Whether the Jitender is liable under section 376 of I.P.C, 1960? 4) Whether Poonam must be sent with Jitender under Guardian and Wards Act, 1890?