Hasbend and wife
MOOT PROPOSITION
Rohan Kumar, a Hindu male, married Priya Kumar in 2010. Priya Suffered from "schizophrenia" and was under treatment. In 2015, Rohan filed for divorce before the Family Court, Kundanagari under Section 13(1) (iii) of the Hindu Marriage Act, 1955 citing Priya's mental incapacity. During divorce proceeding, Priya revealed she had undergone IVF and was pregnant with twins via assisted reproductive technology (ART), using Rohan's frozen sperm obtained during their marriage. Rohan denied peternity, claiming the children were conceived without his consent.
Priya counter-claimed under the "Protection of Women from Domestic Violence Act, 2005" alleging Rohan's mental and emotional abuse. She also sought custody of twins and maintenance under "Hindu Adoptions and Maintenance Act, 1956."
ISSUES RAISED
1) Whether Priya's mental incapacity at the time of ART treatment invalidates the
children's legitimacy under Hindu law.
2) Whether Rohan's denial of paternity affects the children's right to maintenance and inheritance under Hindu law.