Case Diary Internship Report

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CASE Diary- Internship Report
LLB (Guru Gobind Singh Indraprastha University)
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INTERNSHIP REPORT
A REPORT
SUBMITTED TO
THE CHANDRAPRABHU JAIN COLLEGE OF HIGHER STUDIES &
SCHOOL OF LAW
(GGSIPU)
IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR

THE DEGREE OF
B.A., LL.B (H)
(2013-2018)
UNDER THE SUPERVISION OF SUBMITTED BY

DR. NEETA BERI ANSH AGGARWAL
(HON’BLE DEAN PROFESSOR) ENROLLMENT NO-
03021503813
DEPARTMENT OF LAW
GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

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ACKNOWLEDGEMENT
I have received help and encouragement from my parents and number of People on
completing this report and would like to take this opportunity to thank them all.
It is my proud privilege to express my sincere gratitude to Advocate VIJAY GUPTA

under whose shadow and guidance I have successfully completed my internship, and
my mentor DR. NEETA BERI under whose scholarly guidance the present report
has been completed. I am also thankful to the entire law faculty for inspiring
guidance, supervision, expert suggestion & encouragement which helped me to tide
over the hardship encountered during study.
I wish to extend my sincere thanks to the librarians and the staff of various libraries
particularly law Lib. Of Chandra Prabhu Jain college of higher studies & school of
Law, G.G.S.I.P.U., New Delhi, for their assistance rendered to locate the material for
my present internship report.
Student’s Name
Ansh Aggarwal

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DECLARATION
This report is the original work prepared by Ansh Aggarwal, 5th year, 10th semester
student [B.A., LL.B (H)], Chandra Prabhu Jain College of Higher studies & School of
law in partial fulfillment of the requirement for internal assessment under the
supervision of my supervisor.
Neither the said work, nor any part thereof has earlier been submitted to any
University or institution for the award of any degree or diploma.
Student’s Name
Ansh Aggarwal
ii

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CERTIFICATE
This is to certify that the entitled “Internship Report” has been prepared by Ansh
Aggarwal, under my supervision and guidance. This is his original work completed
after careful research.
Place: Delhi Dr. Neeta Bei

10th MAY, 2018 (Hon’ble Dean Professor)
iii

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Refgergergergergergergregergergret
Certificate by the avocate
iv

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INDEX
 Acknowledgement i
 Declaration ii
 Certificate iii-iv
 Introduction 1
 Importance of Legal Internship 2-3
 Report on Court Experience 4
 General Observation of Functioning of District Courts 5
 Court Diary ( List of Cases) 6-60
 Expierence During the Internship second and third last 61-62
 References 63

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INTRODUCTION
This report examines the Internship program with Advocate VIJAY GUPTA (Tis
Hazari Court). My internship started from 1st February to 4th May 2018, has
immensely been a commendable learning experience for me. The internship delivered
me insight look of the society through the medium of court practice, where I dealt
with people directly to look into their problems under the guidance of my senior and
other associates with the help of them I was able to complete my internship with an
excellent learning experience. I visited different District courts as per the different
matters fixed in courts in daily routine. Where I got an opportunity to appear before
the Hon’ble Judges and Magistrates and also to interact with the prisoners and to
know the reason for the commitment of their crime with prisoner’s that seek to utilize
the rehabilitative opportunities. Imprisonment offers, combining it with the essential
restorative justice a meeting between offender, victim and community.
The weakness is not in the system but the weakness is in the application of system.
The judiciary system and various authorities have been set up with the vision to
correct the application of system. They thus, not only help in providing justice to the
needy but consequently they also help in restoring faith of the oppressed towards the
legal system.

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IMPORTANCE OF LEGAL INTERNSHIPS
Internship is an important part of academic curriculum because they help one gain
practical knowledge and experience required to excel in their respective fields. Legal
internships are not an exception to this rule. Legal internships help law students
decide their respective areas of interest out of a plethora of opportunities offered by
legal education be it a career in a corporate law firm, litigation, academics or working
for NGOs.
1. Internship is one of the modes of practical training in the sphere of legal

education. Apart from the moots, legal aid and legal writing it forms the
core component of practical acquisition and assimilation of law teaching
syllabus for the students.
2. The process of internship provides the students with an opportunity to study

and examine the structure and behavior of organizations. It shows to them
the nature of legal framework of the institutions and concerned issues.
Students get the benefit of an exposure to law in action rather than law in
books (as acquired in class rooms) and thus help them in due acquisition of
legal expertise.
Legal services are the tenth most popular field choice in our Student Internship
Program. Each year, a few dozen students from political science, law, and other
majors do short term internships in law.
Placements can be anywhere from criminal law firms, to the Department of Justice.
Here’s an excerpt from a recent Internship Report.
Importance of legal internships can be summarized through following threefold

points:
 Internship provides a platform for practical application of classroom

knowledge.
 Legal Internships helps in gaining practical skills and hence gives an edge in
the job market.

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 Internship assists in choosing respective area of interest and hence in

specialization
Legal internships are primarily research and drafting oriented.
Research: Research constitutes an important aspect of any internship whether it is a

law firm or a court internship. Hence one needs to be well acquainted with various
legal research tools, the prominent being Manupatra, Lexis Nexis, Westlaw etc.
Drafting: Drafting skills require lots of hard work and patience. One needs to be well
versed with the various drafting specimens and formatting skills in order to undertake
and complete such assignments properly. Apart from these, assignments may include
proof reading of various legal documents, observance of court proceedings, making
notes on various legal issues etc. and other tasks depending on the nature of the
internship.
Daily internship duties
1. Supporting the lawyers that come into the office and program. Sitting in on
meetings and appointments and offering and required assistance.
2. Office type organizational work- photocopying, organizing papers, keeping

files in order, organizing the desk
3. Reading any suggested law related materials for my own benefit
4. Helping clients if possible and if I am able to since I don’t know much about
the field yet.
5. Talking to various lawyers in our office

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REPORT ON COURT EXPERIENCE
The internship programme with ADV. VIJAY GUPTA started from 1st February to 4th
May 2018 has been an immensely commendable experience for me.
District court is the base without which superior judiciary cannot stand. It is the court
of original jurisdiction. No one except in case of breach of fundamental rights can
directly approach high court and Supreme court without approaching the District and
Session court. In High courts and supreme court both the civil and criminal cases are
heard. The structure of Lower judiciary in Indian judicial system hierarchy is divided
into two parts one is District court which deals with civil cases and the other is
Session court which deals with criminal cases. This difference is more for theoretical
understanding of the Heirarchy, though in reality the judges for both district and
session can be same. The District Courts are at the top of all the subordinate or lower
courts. They are however under the administrative control of the High Court of the
State to which the district court belongs to. Their jurisdiction is confined to the
districts they are responsible for, which could be just one or more than one. The
original jurisdiction of the District Courts in civil matters is confined by not just the
territorial limitations, but by pecuniary limitations as well. The pecuniary limitations
are laid down by the legislature and if the amount in dispute in a matter is way above
the pecuniary jurisdiction of the District Court, then the matter will be heard by the
concerned High Court of that State. In case of criminal matters, the jurisdiction of the
courts is laid down by the legislature. The decisions of the District Courts are of
course subject to the appellate jurisdiction of the High Courts. Apart from these
judicial bodies who enforce the laws and rules laid down by the legislature and
executive and also interpret them (the Supreme Court & High Courts), there are
numerous quasi judicial bodies who are involved in dispute resolutions. These quasi
judicial bodies are the Tribunals and Regulators.

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GENERAL OBSERVATION OF FUNCTIONING OF

DISTRICT COURT
Functioning of district Court is very important to be understood by a legal practitioner

or an advocate, because it is the first court where a case is first filed and on the
decision of the Trial court, then further appeal is made in higher courts. The plaint
filed in the court is given to the defendant and are asked to appear before the court
with a reply to the plaint. When the defendant comes and files the reply, proceedings
of the case starts. In the proceedings proper system is used and respective courts
arrives with the decision. In case if any of the party is not satisfied with the decision
of the court then it can appeal for it in the higher court. File includes various forms,
brief facts by the plaintiff along with the allegations and prayer to the court, reply to
the allegations and prayer to cancel the case by the defendant, affidavits by both the
parties, recording of the statements of the witnesses and their cross and re-
examinations in civil suits. Now in the case of appeal new file is not formed, the
statements recorded earlier are only relied upon in the higher court though the
unsatisfied party presents the additional grounds in the appeal. This is generally
observed in the civil suits.

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COURT DIARY
CASE LAW – 1
IN THE COURT OF MS. MAHIMA RAI, METROPOLITAN

MAGISTRATE, MAHILA COURT, (EAST),
KARKARDOOMA COURT, DELHI
Domestic Violence Case No. – V- 42/2014
IN THE MATTER OF :
Sunita Rani Sharma ……. Aggrieved person

/Complainant
Versus
1. Manish Kaushal
2. SunitaKaushal
3. OmkarNathKaushal ……Accused / Respondents
P.S. Shakarpur
APPLICATION UNDER SECTION 12 OF THE POTECTION OF

WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005).
BRIEF FACTS:
 That the marriage between the complainant and Respondent no.1 was solemnized
on 25.09.2009 at Laxmi Nagar, Delhi – 110093 according to Hindu rites and
ceremonies with great pomp and show. The dowry was given as per demand/
sweet will of the respondents. In his marriage the mother and brother of the
complainant had spent Rs 12,00,000/- approx.

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 That after marriage the complainant had joined her matrimonial home and found
that the respondents were not happy with the dowry articles received in the
marriage. The respondents said that the brother of the complainant is working in
USA, even then less dowry has been given. On the next day of marriage the
respondent no.2 took all jewellery of the complainant which was given by her
parental family members. The respondent no.2 used to demand costly things on
the occasion of the festivals. She used to demand gold, diamond jewellery, laptop
etc. from the brother of the complainant. On objection by the complainant the
respondents used to abuse and harass the complainant. Respondent no.1 ,2 and 3
used to taunt that her brother has not even called them to visit USA. The
respondents no.1,2& 3 used to ask the complainant to bring money from her
brother for purchase of land and refusal used to quarrel with her, abused her in
filthy language.
 That on 24.5.2011 the complainant gave birth to a female child named Navya by
caesarean operation. The complainant was not provided proper diet, care, medical
attention prior to birth of the child and even after operation. She was not even
allowed to take rest against the advice of doctor. The respondents were not happy
with the birth of female child and they pressurized the complainant to give birth to
a male child but again unfortunately on 16.10.2012 second female child namely
Ravya was born through caesarean operation. After birth of this child the cruelty
was increased upon the complainant. The complainant was asked to do all work of
the house without proper food, rest etc.
 That the second child was ill but no medicine was being provided to her. The
complainant was not allowed to use mobile phone to talk with her mother or
brother. On 3.8.2013 the second child was having fever, the complainant requested
the respondent to show her to doctor but neither they took her nor allowed the
complainant to take her to doctor. In the night at 10 PM the daughter Ravya cried
too much, then respondent no.1 and 2 took the female child to unknown hospital
or nursing home but did not take the complainant with her. The complainant was
slapped and pushed by the respondent no 2 and left at home even after
complainant’s repeated requests to take her along with the baby to the hospital. A
neighbourtook pity upon the respondent and asked her son namely Vicky to take
the respondent in their car to the hospital where her daughter Ravya had died.

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Despite requested requests respondent no.1 and 2 did not disclose as to how
complainant’s daughter Ravya who was around 9 months at that time had died.
The respondent no.1 used to consume liquor daily and whenever the complainant
asked about the cause of death of daughter he used to abuse her in filthy language
and used to give her merciless beating.
 That on 14.12.2013 respondent no.1 quarreled with the respondent throughout the
night, slapped the respondent, where she bled through her lips, threw hot tea upon
her, and not let her eat food throughout the day and when she cried and asked for
help neither respondent no.2 nor respondent no.3 came to help her. The
respondent no.2 said that the complainant will have to stay there as they like ans
in case she is unable to live she may go to her parental home. Complainant
thought that her one daughter has already died , there is danger to her life and to
the life of her other daughter, she called her elder sister Rita Sharma on
15.12.2013 and with her came to the parental home at 12/411 A, Lalita Park,
Laxmi Nagar , New Delhi-110092 with daughter Navya with just few winter and
basic clothes. The respondent left all her belonging behind.
 That on 4.1.2014 in the evening a message came from respondent no.1 that he will
leave daughter Navya but he did not come, then the complainant and her mother
went to the respondent no 1, 2, 3 house in Faridabad on 5.1.2014 to look for the
baby girl, both the complainant and her mother were forced to wait for 15 minutes
outside their house the respondent and his family used this time to hide the girl
child Navya in a store room, which was later mentioned by the respondent no 1 to
the complainant in a phone call. After the quarrel and abuses by the respondent no
1, 2, 3 the complainant and her mother were forced to leave. The respondent 2, 3
are part and parcel in keeping away the baby girl Navya from mother, the
complainant, but continuously denied knowing about the location of the girl,
while the respondent no 1 was hiding himself and the girl child in the house all the
time. The respondents said that they have approach to the police and political
circle nothing will happened to them whatever complaint is made by the
complainant against them. The complainant again sent complaint to the SHOP S.
Sarai Kawaza, Sector 37, Haryana dated 6.1.2014.

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 That the complainant was receiving indecent and unwelcome calls and messages
from unknown persons on cell phone no. 919310376169. Some people had also
referred to a post on a Facebook profile. The complainant gave complainant to the
Cyber Crime Delhi Police, Mandir Marg, New Delhi on 20.1.2014 and on
10.02.2014 the complainant gave detailed complaint to the SHO P.S. Shakarpur,
Delhi-110092 against the respondents no. 1, 2 and 3.
 That after complaint the calls and messages stopped coming for few days but
thereafter the same process continued. The complainant suspected involvement of
the respondent no.1 as he had threatened that he would malign her image, social
respect and will not allow her to live respectful life. The brother of the
complainant spoke with some of the people who called last time, they referred to a
Facebook page of someone called Raj Kumar Singh from New Delhi with a post
with the complainant’s number and a picture. Then the brother of the complainant
complained to the company Facebook to remove the page from the website.
 That the respondent no.1 had added the name and picture of brother of
complainant (which is cut out from a picture in Facebook) in his company’s
website falsely stating that her brother is responsible for marketing and public
relation in his company without his brother’s permission, consent or knowledge as
he works and resides in USA. The complainant lodged complaint to Cyber Crime
Delhi Police, Mandir Marg, New Delhi on dated 01.04.2014 and the complainant
also gave complainant to CAW Cell against Respondent no.1, 2 and 3.
 That the respondent no. 1 is running a security company named Shivam

Enterprises, office at C-207, PulPrahaladpur, Tughlakabad , New Delhi and at D-
382, Bsasement, PulPrahaladpur , Near New Life Medical Center, Tughlakabad ,
New Delhi-110044, he is managing around 150 workers and his earning is more
than Rs.100,000/- per month.
Observations:
On 04.02.2018 , Complainant was absent & the Ld. Counsel of the complainant mentioned
the court that she is not well and the Ld. Counsel also approached the court for the short date
for filling the evidence affidavit on behalf of the complainant and

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On 21.03.2018 Affidavit of evidence is filled by the Ld. Counsel of the petitioner, further
court asked from the complainant for the settlement but she denied for the same and
mentioned the court that the same has been took place twice a times but no possibilities
arrieved till yet.
Next Date of Hearing:
On 04.02.2018 next date was 21.03.2018 for filling of Affidavit of Evidence and for the
Evidence of the Complainant and
On 21.03.2018 next date is 10.05.2018 for the Evidence of the Complainant.
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CASE LAW – 2
IN THE COURT OF MS. S.K. MISHRA, METROPOLITAN

MAGISTRATE, KARKARDOOMA COURTS, DELHI.
IN THE MATTER OF:-
Saira Bano …Complainant/Aggrieved Person
Versus
1. Mohd. Iftekhar @ M.I. Chaudhary (HUSBAND)
2. Ms. Sadiya (DAUGHTER OF IFTEKHAR)
3. Ms. Ayman (DAUGHTER OF IFTEKHAR)
4. Faizan @ Raja (SON OF IFTEKHAR)
5. Saleem
6. Father of Saleem…….Accused/ Respondents

P.S. Usmanpur
APPLICATION UNDER SECTIONS 12,17,18,19,20, 22 & 23

OF THE DOMESTIC PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT,2005 (43 OF 2005).
Brief Facts:
 That the petitioner was married with the respondent No. 1 on 30/04/2016
according to Muslim rites and customs at Turkman Gate, Delhi-110006. The
mother and family members of the petitioner had spent a huge amount in the
marriage beyond to their capacity. The mother and other relatives of the petitioner
had given sufficient dowry articles including gold, silver jewellery, utensils, costly
clothes, electrical items, household articles etc. alongwith cash to the respondents
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and other family members and around Rs. 8 Lacs were spent in the marriage. The
marriage was duly consummated between the parties, however, no child was born
out of this wedlock. It is pertinent to mention here that the Roka ceremony was
also solemnized at the aforesaid address of the petitioner, which belongs to the
younger sister of petitioner.
 That it is pertinent to mention here that this marriage was the second marriage of
both the parties. The petitioner has been divorced by her previous husband and the
previous wife of the respondent No. 1 namely Farida Khanam has been expired
due to Cancer disease. The respondent No. 1 is having four children from his
previous wife Farida Khanam namely Ms. Sadiya, Faizan @ Raja, Ms. Aiyman
and Prince. The father and brother of previous wife of the respondent No. 1 are
also residing with the respondent No. 1 at his aforesaid address.
 That after the marriage, when the petitioner joined the company of the
respondents, the entire jewellery and Istridhan were taken by the respondent No. 1
to 3 on the pretext that the same would be kept by them in bank locker and on
their assurance, the petitioner handed over her entire gold and silver jewellery and
Istridhan to them for keeping the same in bank locker and since the same are lying
with them and the same has not been returned to the petitioner by them inspite of
her repeated requests and demands.
 That after about one week of the marriage, the brothers and sister of respondent
came to the matrimonial -house of petitioner and instigated the respondent No. 1
against the petitioner by stating that they have solemnized the marriage of
respondent No. 1 with a Girl who is resident of Delhi i.e. petitioner with the hope
that the petitioner shall brought huge cash and more gold and silver jewellery but
she has not brought the same as per our desire. On this, the sister of respondent
taunted that the petitioner has also not brought any jewellery for her. The other in-
laws of the petitioner including the respondent No. 2 & 3 have taunted the
petitioner for bringing less dowry and less jewellery. The respondent No. 4 also
taunted the petitioner that the petitioner has not brought motorcycle for him in the
marriage. On this, the respondent No. 1 and his brothers stated that they were
thinking that the parental side of petitioner themselves would give everything but
they did not give the dowry as per desire of respondents and other family
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members. The respondent No. 1 and his brothers asked the petitioner to bring Rs.
10 Lacs from her parental house.
 That listening such taunts of the respondents, the petitioner was shocked and
surprised as only week of the marriage was passed and the aforesaid greedy nature
of the respondents was not expected to the petitioner. The petitioner tried to make
understand the respondent No. 1 that this marriage was the second marriage of
both of them and inspite of that, the mother has spent in the marriage beyond her
capacity, listening this, the respondent No. 1 became annoyed and slapped the
petitioner in front of other family members and threatened to turn out her from the
matrimonial house.
 That thereafter, the respondents and other family members started harassing and
torturing the petitioner mentally and physically for the demand of money and
jewellery but the petitioner did not disclose about the acts of cruelties committed
by the respondent and his family members, to her mother and other parental side,
thinking that they would be sad after listening the same and the petitioner
tolerated all the acts of mental and physical cruelties of the respondents and other
family members, due to which, the petitioner suffered with huge pain.
 That the respondent No. 5, who is the brother of the previous wife of the
respondent No. 1 is residing in the matrimonial house of the petitioner alongwith
his father i.e. respondent No. 6, and they also in collusion with other respondents,
tortured and harassed the petitioner mentally and physically for the aforesaid
demands and they both also stated that nothing has been given to them in the
marriage from the parental side of petitioner.
 That at the time of making the physical relations with the petitioner, the
respondent No. 1 became more aggressive and cruel towards her and after about
20 days of the marriage, one day he crossed all his limits and tried to make
unnatural sex/relations with the petitioner and when the petitioner objected him
for doing such unnatural sex, the respondent No. 1 beaten her mercilessly and
forcefully made unnatural sex/relations with the petitioner, due to which, the
petitioner suffered with huge pain and the respondent No. 1 gave hard punch
blows on the right side breast of the petitioner, due to which, blood was oozing
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from there. Seeing the blood, the respondent No. 1 threatened the petitioner not to
disclose anything about the same, otherwise, she would be killed.
 That thereafter, the respondent No. 1 (who himself running Pathology Lab) got
conducted some tests of petitioner in Ghaziabad and thereafter, stated to the
petitioner that Cancer disease diagnosed in the medical tests and he further stated
that one report is to come and only after receiving the said report, he would decide
that either to keep the petitioner with him or to divorce her. The sister of
respondent No. 1 and respondent No. 5 & 6 instigated the respondent No. 1
against the petitioner that still there are several marriage proposal for the
respondent No. 1 as he has good developed business and he is handsome too in
this age, therefore, his marriage can easily be solemnized with a girl of very small
age than the respondent No. 1 and they further stated that they have several
marriage proposals of 50 Lacs for the respondent No. 1 and they further instigated
the respondent No. 1 to divorce the petitioner. Listening their words, the
respondent No. 1 asked the petitioner to bring Rs. 30 Lacs from her mother,
otherwise, he will make the life of petitioner a hell and will solemnize his another
marriage after giving divorce to the petitioner and he pressurized the petitioner to
bring Rs. 30 Lacs to save her matrimonial life.
 That as and when the respondent No. 1 used to remain outside the house for his
work, then the respondent No. 5 came to the petitioner and try to touch the
petitioner with bad intention but initially the petitioner ignored the ill intention of
the respondent No. 5 as the petitioner treated him as her own brother but on
28/05/2016 at about 04:00 P.M. when the petitioner went to respondent No. 5 to
give him tea, then he pulled the petitioner towards him by caught hold her hand,
due to which, the petitioner fell down upon him and he hold the petitioner from
her back and pressed the breast of petitioner and asked her to take care of him,
only then he will handle the position of petitioner in the matrimonial house. The
petitioner saved her modesty from his evil eyes by pushing him and ran from there
and when in the evening, the respondent No. 1 came to the house, the petitioner
disclosed all the aforesaid incident to him, then instead of asking the reason from
the respondent No. 5, the respondent No. 1 threatened that if the petitioner would
not bring Rs. 30 Lacs from her parental house, she has to face such type of
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incidents and when the petitioner objected for the same, then the respondent No. 1
beaten the petitioner.
 That on 30/06/2016 at about 09:00 P.M. when the condition of the petitioner
became bad and the petitioner requested the respondent NO. 1 to take her to
doctor, then the respondent No. 1 called his brothers and sister and then the
respondent No. 1, his brothers and sisters asked the petitioner that your parents
have not fulfilled our demands of Rs. 30 Lacs and threatened the petitioner that if
the petitioner wants to live in the matrimonial house, then she has to bring Rs. 30
Lacs from her mother and even that the respondent No. 1 send the petitioner to her
parental house in a Taxi on 01/07/2016 at about 10:00 P.M. and he threatened to
the petitioner that if the petitioner would not bring Rs. 30 Lacs till next morning,
then he will divorce the petitioner and will remarry with a rich girl. As the
petitioner is well aware with the financial condition of her widow mother,
therefore, she reached to the house of her sister at the aforesaid address and
narrated the entire incident and then this incident was disclosed by the sister and
her husband to the entire family and they arranged Rs. 5 Lacs and taken the
petitioner to her parental house, where the other sisters and their husbands and
other relatives also reached there and they also brought money with them and then
after arranging the total amount of Rs. 10 Lacs, the petitioner alongwith her uncle
Abdul Subhan and younger sister Shabana reached to the matrimonial house at
about 06:00 A.M. and the uncle of petitioner handed over/given Rs. 10 Lacs cash
to the respondent No. 1 & 4 in the presence of respondent No. 5 & 6 and then the
uncle and sister of petitioner requested the respondent No. 1 to keep the petitioner
happy in the matrimonial house and they also assured him to fulfill the remaining
demand of Rs. 20 Lacs.
 That thereafter, the petitioner made a written complaint dated 15/07/2016 before
CAW Cell, North-East, Delhi against the respondents.
 That the aforesaid cruelties were committed by the respondents upon the
complainant in the matrimonial house/shared household, which caused a great
mental and physical agony to the complainant and the same is continuing as the
respondent No. 1 has not paid even a single penny till date in the form of
maintenance as she requires atleast an amount of Rs. 50,000/- per month for the
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maintenance and survival of herself and the respondent No. 1 is bound to maintain
her as per his own status and luxuries being enjoyed by him.
Observation:
On 18.02.2018, Replication has been filled by the Ld. Counsel of the Complainant/ petitioner
on behalf of the complainant and a date has been marked by Ld. Presiding officier for the
same.
On 05.04.2018 part arguments had been done by the Ld. Counsels of both parties and rest
shall be heared by the court on the next date.
On 18.02.2018 next date was 05.04.2018 for arguments and
On 05.04.2018 next date is 30.06.2018 for the rest arguments.
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CASE LAW –3
IN THE COURT OF HON’BLE JUSTICE RAJIV SHAKDHER
DELHI HIGH COURT
IN THE MATTER OF:
M/S DAI REAL ESTATE PVT. LTD.
REGISTERED OFFICE AT 201 ARUNACHAL BUILDING 19,
BARAKHAMBA ROAD, NEW DELHI …..PETITIONER
VERSUS
GOVERNMENT OF NCT DELHI
THROUGH CHIEF SECRETARY, NEW DELHI ...RESPONDENT
BRIEF FACTS:
 The petitioners seek that the court should direct the respondent to allow the
petitioner to raise a boundary wall enclosing the land demarcated. Land is an
agricultural land and it is rendered as unsafe as it is open to all kinds of trespass
and encroachment.
 Petitioner is a private limited company incorporated under the Indian Constitution

Act, 1950. Petitioner is the real owner of plots, being an agricultural land
measuring 17 Bighas and 16 Biswas. Petitioner further alleged that said
agricultural land being an unbounded and open land becomes a potential heaven
for trespassers, encroachers and other unscrupulous or anti social elements.
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 Therefore petitioner in order to seek protection and make productive use of the
agricultural land made numerous requests & complaints against possible land
grabbing including persons have an interest in the adjacent agricultural land.
 Despite of the above requests, reminders and potential threat to safety, security
and integrity of agricultural land continuous to be in jeopardy for rising the
boundary wall enclosing thereof.
 During the pendency, respondent started illegal construction on the said land.
Petitioner argued that it is difficult and sometimes not possible to trace every
person committing the aforesaid illegalities.
 The land of the petitioner is under constant pressure of being encroached upon and
open to the hands of miscreation. He informed that his land is misused as
encroachers or trespassers are using it for illegal purposes. Petitioner desperately
wants to enclose the boundary or demarcate the land in order to protect the land
from trespassers and encroachers.
 Petitioner pleaded to issue the Writ of Mandamus or any other writ directing the
respondent to demarcate the agricultural land of petitioner.
Observation:
Orders have been passed to seal the property and directed the GNCTD to have a date
of inspection.
Listed on 8/05/2018
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CASE LAW – 4
IN THE COURT OF HON’BLE JUSTICE GITA MITTAL
DELHI HIGH COURT
IN THE MATTER OF:
SHAHZEB RAZA
S/O LATE ZAHID RAZA
BARA HINDU RAO,DELHI-110006 ...PETITIONER
VERSUS
THE STATE OF NCT OF DELHI
THROUGH ITS CHIEF SECRETARY
DELHI SECRETARIAT
I.P. ESTATE, NEW DELHI- 110002 ...RESPONDENT
BRIEF FACTS:
 Petitioner wanted the directions against the respondent to de-seal their property
which was sealed on the orders passed by the Sub-Divisional Magistrate of the
Bara Hindu Rao area, Delhi as it was causing pollution.
 The property in question was being used by the petitioner’s father as a small
manufacturing of bangle making to the prior of sealing.
 Owner’s father was the actual owner of the property. In pursuant to the sealing of
the property was in question, the father of the petitioner has passed away in 2014.
Consequently, the petitioner herein made a request before the office of the
respondent for the de-sealing of the property, respondent replied to the same and
the petitioner to furnish the legal heir certificate. Petitioner in compliance to the
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same got legal heir certificate from the office of the Deputy Commissioner North
District.
 Petitioner therein kept running pillar to post to get the property in question de-
sealed but the respondent never gave him any satisfactory answer. Petitioner also
held that he will not carry out any prohibitory activities and will not use shop for
any illegal purpose and in case the respondent finds that property is not been used
legally then property shall be sealed again. Despite of all the representations no
action was taken by the respondent for de-sealing.
 Petitioner contended that conduct of the respondent smacks malafide and has
resulted in irremediable injustice compelling the petitioner to file petition. The
property of the petitioner was used for manufacturing bangles which was causing
pollution in the area due to which respondent sealed the property. Petitioner was
asked to furnish the representation as the petitioner’s father was the real owner of
the property who died in 2014. Petitioner promised that he will not do any illegal
activity and if where he found doing such activities the property will be sealed
again.
 The respondents passed the orders to seal the property not because it was causing
pollution but also it was creating a lot of nuisance and it was affecting the public
health also. Therefore, petitioner pleaded to issue the appropriate writ directing the
respondent to de-seal the property.
Observation:
The petition was disposed of as the petitioner fails to prove its representation as it was
found to be false.
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CASE LAW – 5
IN THE COURT OF HON’BLE JUSTICE GITA MITTAL
DELHI HIGH COURT
IN THE MATTER OF:
KAMAL INTERNATIONAL ...PETITIONER
VERSUS
GLOBAL VISION …RESPONDENT
Brief Facts:
 On the behalf of the complainant the matter is fixed before the court, the matter is
fixed for evidence.
 The complainant is engaged in trading of textile, the accused had purchased items
on credit. On dated 20/11/14 the accused had drawn a cheque of Rs. 6,99,500/
drawn on PNB, Gurgaon. The complainant encashed the cheque from PNB bank
on dated 25/11/14 and received back with the remarks of funds insufficient. With
utter shock the complainant contacted to the accused to inform about the
dishonour of cheque. Accused requested the complainant contacted to the accused
to inform about the dishonour of cheque. Accused requested the complainant to
encash the cheque on 1st week of December 2014 and make him assured that he
would make the arrangements. On his request the complainant encashed the
cheque on dated 05/12/14, but again the chequedishonoured due to insufficiency
of funds. Complainant contacted to the accused on this accused started avoiding
him, the complainant had tried to contact him but there was no response, due to
the ambiguous behaviour the complainant send the accused a legal notice dated
21/12/14.
 The accused didn’t reply the legal notice. The complainant filed a recovery suit
against the accused u/s 138 negotiable instrument act.
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Observation:
Along with the plaint list of documents were listed. A copy of plaint given to the
opposite party, the court adjourned for written statement should be filed by the
accused on adjourned date. After filing of written statement replication is filed by the
complainant on which issues were framed. The matter is fixed for plaintiff evidence
on the next hearing.
Listed on 11/08/2018.
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CASE LAW – 6
IN THE COURT OF MS. ASHA MENON
DISTRICT AND SESSIONS JUDGE,
SAKET COURT, NEW DELHI
IN THE MATTER OF:
JAIKANT ….PETITIONER
VERSUS
STATE …RESPONDENT
Brief Facts:
On 28/2/2011 at about 8pm at Vidyut Apartment, Saket, Appellant, Jaikant with his
wife and dog were walking in the society. When suddenly the dog gave bite to
MsSaumyaRai and she sustained grievous hurt injury and the convict thereby
committed offence punishable u/s 289/323/338 IPC.
1. Charge was framed u/s 289/338 IPC and trial was conducted and the
prosecution examined the witness.
2. The Ld. ACMM after hearing the argument passed the impugned judgement
dated 04/01/2017 thereby convicted the Appellant U/S 289/338 IPC and
sentenced SI for 3 months U/S 289/338 and further to pay Rs25,000 as
compensation to the injured.
The appellant prefers the present appeal on the following grounds-
 Court Ignored the true facts of the case
 ACMM failed to appreciate that the case property ie. Tooth was neither seized by
doctor nor by ID and the same was never brought on record.
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 That FIR was just an afterthought and manipulated one as there is more than 24hr
delay in lodging it.
 That no blood stained clothes of the injured was seized by IO and same was never
produced before trail court.
 That there are major contradictions in the statements of PW-2 (mother AlkaRai)
and PW-4 (Saumya,injured)PW-4 stated that the lift opens on the backside of the
road and I was walking on the road behind it, while PW-2 stated that lift opened
and dog attacked on my daughter/ injured.
Observation:
09/02/2018 – This date was decided for argument but arguments were not made as the
other party was not present.
Listed on 22/05/2018
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CASE LAW – 7
IN THE COURT OF SH. SANDEEP GARG
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
IN THE MATTER OF:
AJAY AHUJA …PETITIONER
VERSUS
NISHANT KUMAR & ORS ...RESPONDENT
Brief Facts:
 Accused, Nishant Kumar, had made a called to the complainant on 04.01.18 at

about 9:30/10:00 P.M. from his mobile and abused and threatened to kill him.
After receiving the said call, the complainant went to meet the accused near his
house in order to know the reason for abusing and threatening to kill him as the
complainant was not having any type of dispute.
 As soon as the complainant entered the gali of house of accused, Nishant Kumar
along with five other persons started beating him.
 Accused Nishant Kumar, Ravi , Jatish and Raj caught hold of complainant and
Vijay Kumar gave a blow of sword on the neck of the complainant with intention
to kill him but he managed to get released any in order to save his neck and his
head from sword any received the said blow on his left hand.
 Complainant managed to escape, called his friends and made a PCR call. No
police reached the spot and friends of complainant took him to rescue hospital,
Saket city hospital, New Delhi. MLC was prepared, treatment was given and he
was discharged on 06.01.18.
 Phone of the complainant was broken at the spot of quarrel.
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 Police reached the hospital on the day of incident but the statement was not
recorded and he came to know that a false FIR has been registered against him
vide FIR is totally manipulated and injured shown are self- inflicted by the
accused in order to register a cross case.
 On 12.01.18. , complainant had sent a written complainant to S.H.O. Malviya

Nagar, for registration of cases & to take legal action against the accused persons
but till date no action has been taken.
 On 13.01.18. , Complainant had sent a written complaint to DCP South West,

Delhi for the same but no action has been taken.
 Accused persons have given beating to the complainant and have now become
notorious criminals under the shelter of local police. No action against the accused
has been taken.
OBSERVATION:
Judge observed the status report and gave DD to file the FIR.
Listed on 25/09/18
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CASE LAW – 8
IN THE COURT OF SH. SANDEEP GARG
IN THE MATTER OF:
DINESH KUMAR ….PETITIONER
VERSUS
M/S NEELAM INDIA PVT. LTD. ...RESPONDENT
Brief Facts:
 Accused is doing business under the name of M/S Neelam India Pvt. Ltd. 908,
G.D – ITL twin tower, NetaJiSubhash Place, Pitampura , New Delhi.
 Advertisement made in newspaper for sale of plots at Tridev city, Haridwar, by the
accused, complainant booked a plot and paid a sum of Rs. 1,00,000/- as part
payment of the consideration.
 When no plot was allotted as per advertisement, the complainant requested to

cancel the allotment of plot and refund the advance money, i.e, Rs. 1,00,000/- with
interest.
 On cancellation of above plot, accused vide their letter dated 5/01/13 handed over
their cheque no. 829060 dated 01/05/16 for Rs. 1,16,000/- to complainant as
interest amount. Their said cheque was payable at ICICI Bank ltd, Ashok Vihar 2,
Delhi.
 Complainant under advice of respondent presented the above cheque in the said
bank for encashment but the cheque was received back dishonoured with the
remark ‘Funds insufficient through the bank intimidation received on 01/05/16.
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 Complainant contacted the respondent and brought the facts of dishonouring of

cheque in the notice. They promised to pay the amount in cash but did not fulfil
their promise. Therefore they were serve with legal notice 22/07/16.
 Despite services of legal notice of demand, the respondent neither paid nor
tendered the amount of dishonouredcheque in question amounting to Rs.
1,16,000/- within time prescribed under the act.
Observation:
Accused was absent and being a private ltd company, cannot be arrested. Therefore on
filling of PF a W/A V/S 83 C r .P.C of the property of accused was issued.
Listed on 17/11/18
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CASE LAW –9
IN THE COURT OF MS. TWINKLE WADHWA,
DWARKA COURT, NEW DELHI
IN THE MATTER OF:
NARESH ….PETITIONER
VERSUS
SANSAR ...RESPONDENT
Brief Facts
 On 30/05/17 accused had taken a personal loan from the complainant in the sum
of Rs. 6,60,000/-. For two months to discharge his liabilities towards the payment
of said amount of the complainant, accused had issued a cheque in favour of
complainant, videcheque no. 25506 dated 15/07/17 for the amount of Rs.
6,60,000/-, Cheque drawn at Punjab National Bank, SaritaVihar, New Delhi.
 Complainant had presented the cheque for encashment at the said bank, and the
same for returned unpaid with the remarks ‘Funds Insufficient ‘vide return memo
dated 18/09/17.
 On the next day complainant personally met the accused and asked him to make
said payment either by cash or demand draft on which the accused did not give
any positive response. Accused did not make any payment to the complainant.
 Above facts show clearly the intention of the accused to cheat the complainant.
 Accused was fully aware about the facts of the cheque issued by him to the
complainant in order to discharge his liabilities and is still nourishing malafide
and mischievous motive to grab the above said money.
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 When accused failed to make the above said payment, the complainant sent a legal
notice 28/09/17 through his counsel for payment of the said amount within fifteen
days from the date of receipt of said notice.
 No reply of the said was given by the accused either to the complainant or his
council, till the date of present complaint. Accused has failed to make the said
payment to the complainant.
Observation:
Complainant withdrew the present complaint case as the matter has been settled
towards the loan in question in Mediation Centre and the entire payment has been
received. Case stands disposed off.
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CASE LAW – 10
IN THE COURT OF SH. AJAY KUMAR JAIN
ADDITIONAL SESSION JUDGE,
DWARKA COURT, NEW DELHI
IN THE MATTER OF:
STATE ….PETITONER
VERSUS
SOORAJ JHA ...RESPONDENT
Brief Facts
 On 15/8/17, the child victim told (PW-4) her mother that some fluid was coming
out of her private part. She saw some blood stains and redness on the private part
of child victim. There after she cleaned the private part of her daughter and she
went to sleep.
 On the next day, i.e 16/08/17 in the morning PW – 3 and PW - 4, i.e father and
mother of the child victim injured from her as to what has happened.
 The child victim told that yesterday at around 8pm when she was playing on the
terrace of the house, one uncle had called her down stairs on the pretext of the
pretext of giving chocolate. That uncle touched the private parts of the child
victim.
 On 16/08/17, father of the child victim took her to Safdarjung hospital for medical
examination.
 On 16/08/17, In the evening when the accused, Chander Prakash, came in his
balcony, the child victim pointed at him laying that he was the one who had
misbehaved with her.
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 PW – 3 immediately made a PCR call and filled a FIR against the accused.
 Accused was arrested vide arrest memo.
 On 19/08/17, child victim was taken to DDU hospital for her medical
examination.
 Child victim statement was recorded U/s 164 Cr.P.c in the Dwarka Court.
Observation:
On the respective date, the mother and father of the child victim were crossed
examined and the accused was present on the said date.
For cross examination of other witnesses. 15/8/18.
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CASE LAW – 11
IN THE COURT OF MS. SUSHILA BALA DAGAR, M.M,
MAHILA COURT,
(NORTH – WEST), ROHINI COURTS, DELHI
IN THE MATTER OF:
Savitri……Complainant / Aggrieved person
Versus
Rajender& Others ……Respondent / Accused
P.S. Begumpur
APPLICATION UNDER SECTIONS 12,17,18,19,20, 22 & 23

OF THE PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT,2005 (43 OF 2005).
BRIEF FACTS:
 That the marriage of the complainant was solemnized with respondtent no.1 dated
17/06/2009 and the father and other relatives of the complainant found the
marriage of the complainant was held with marriage great pump and show. And
they have spent Rs.3 lacsapprox in her marriage and one female child was born
out from the said wedlock and is in care and custody of her father.
 That due to the act and behavior of the respondent the complainant did not enjoy
the happy married life and she was always cursed by the respondent for bringing
less and inferior articles in the dowry and they started taunting towards
complainant and raise demand for more and more dowry.
 That she was forced to work in the house as a maid servant and she was kept on
semi-starved diet. Even when she was not feeling well, she was paid nothing for
pocket expenses. She had to beg from the respondent even for the meeting
emergency and petty things. She felt unhappiness and suffered torture and mental
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agony number of times; she demanded money from her parents for her day to day
expense and also for fulfilling the demand of the respondents.
 That it is pertinent to mention here that the parents and relatives of the
complainant for the welfare of the complainant had fulfilled the illegal demands
raised by the respondents, had paid handsome amount as well also had given
luxury items after her marriage on demand. The respondent s taunted, teased and
gave merciless beatings on the pretext of petty issue. Even she was confined in a
room number of times.
 That the complainant was mentally harassed and tortured by the respondents. Due
to the act of the respondents the complainant was neglected by the respondent
no.1.
 That in laws of complainant demanded Rs 10,000/- or Rs. 20,000/- from the

parents of complainant. Many times respondent no.1 to 3 also throw out the
complainant from the matrimonial home. Even sister in law Kanta, Sunil and
Daya and brother in law namely Kalu, Bhura and Rakesh also gave merciless
beating to the complainant many times. The respondent no.2 & 3 also sold the
gold ornaments of complainant.
 That sister in law and brother in law of the complainant also made allegations on
the character of the complainant, that she had an illicit relationship with other
persons, while respondent no.1 had illicit relationship with other women.
 The complainant was mentally harassed and tortured by the respondent. Due to
the act of the respondents the complainant was neglected by the respondent no.1
and compelled to leave the matrimonial house in June 2013. The complainant
came to her parental house in a plight condition, when the parents of the
complainant came to know the maltreatment they immediately visited the house of
the respondent to pacify the matter but respondent was adamant and he refused to
keep the complainant in her matrimonial house.
 That respondent was adamant and he refused to keep and give maintenance of
complainant and her child. Respondent no.1 is earning more than Rs. 20,000/-
per month working as a Khardia. The respondents also has refused to maintain and
support the complainant. The complainant has no independent source of income.
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She does not possesses any sufficient assets or her maintenance and support to
maintain her.
OBSERVATION:
On 19.04.2018 sum of 10,000 /- has been given by the respondent to the petitioner &
the same has been taken on record by the court towards interim maintenance order
and the affidavit of evidence of the petitioner’s witness was not submitted by the Ld.
Counsel due to which last opportunity was given by the court to file the same before
15 days of the next date of the hearing.
NEXT DATE OF HEARING:
On 25.05.2018 for Evidence of the witnesses of the petitioner.
CASE LAW – 12
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IN THE COURT OF MS. RAJNI RANGA, METROPOLITAN

MAGISTRATE, KARKARDOOMA COURTS, DELHI.
IN THE MATTER OF:-
Smt. Janki Sharma ………..Complainant/Aggrieved Person
Versus
1. Sh. Gautam (HUSBAND)
2. Smt. Gayatri (MOTHER IN LAW) ……..Accused/ Respondents
P.S. MayurVihar
APPLICATION UNDER SECTIONS 12, 17, 18,19,20,21, 22 & 23 OF

THE DOMESTIC PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT,2005 (43 OF 2005).
BRIEF FACTS:
 That the petitioner was married with the respondent No. 1 on 30/04/2007
according to Hindu rites and customs at TrilokPuri, Delhi-110091, and in the said
marriage, the mother and grand parents of the petitioner have spent about Rs. 10
Lacs and out of the said amount, Rs. 2 Lacs were given in cash by the mother and
grand parents of the petitioner to the respondent No. 1 and also given dowry
articles, jewellery, furniture, costly clthes and one Motorcycle Bajaj Pulsar to the
respondents and other family members.
 That the marriage between the parties was consummated and three children were
born out from this wedlock namely Harsh (son) aged about 8 years, Dabbu (son)
aged about 6 years and Anshu (Daughter) aged about 4 years. Both the sons of
petitioner were snatched by the respondents, when they turned out the petitioner
and minor daughter Anshu from the matrimonial house.
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 That when the petitioner joined the company of respondents, then the respondent
No. 2 taken the entire jewellery and other costly articles from the petitioner in the
presence of respondent on the pretext that the petitioner is not required the entire
jewellery and as and when the jewellery would be required to the petitioner, the
same would be returned her by her to petitioner and on such assurance, the
petitioner handed over/given her entire jewellery and other articles to the
respondents and since the same are lying with them and has not been returned to
the petitioner inspite of her demand.
 That the petitioner lived in her matrimonial house peacefully only for two months
but thereafter, the respondent No. 2 stated to the petitioner that her mother and
grand parents have not given dowry according to her desire and also given less
jewllery to the in-laws. She further taunted to the petitioner that her mother has
only given a motorcycle instead of a car. On this, the petitioner replied that her
father has already been expired and this marriage was solemnized by her widow
mother and grand parents after arranging the funds with the help of relatives and
has spent in the marriage beyond their capacity, on this, the respondent No. 2
became annoyed and started abusing the petitioner and slapped her and also gave
her kick blows on her stomach. When the respondent No. 1 came to the house
from his work, then the mother in law instigated him against the petitioner No. 1,
on this, the respondent No. 1 beaten the petitioner mercilessly by leather belt and
he taunted the mother of petitioner for not giving a car in the marriage and the
respondents demanded Rs. 5 Lacs and a car from the petitioner.
 That thereafter, the respondents used to torture the petitioner mentally and
physically almost daily for the fulfillment of their aforesaid demands, but the
petitioner did not disclose about the same to her widow mother and grand parents
as they would be upset after knowing these cruelties of the respondents. The
petitioner kept tolerating the entire cruelties of the respondents thinking that one
day all would be normal and a better sense may prevail upon them but all in vain.
 That on 15/09/2007, when the petitioner was washing the clothes, then the
respondent No. 2 came there and asked the petitioner that whether she has
narrated about the demands of respondents, to her mother or not, then the
petitioner requested to respondent No. 2 with folded hands that her mother is not
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in a position to fulfill their dowry demands, on this, the respondent No. 2 became
annoyed and beaten the petitioner with Thapki mercilessly and asked the
petitioner to leave the matrimonial house.
 That thereafter, the petitioner was compelled to live at her parental house for
about 2 months and thereafter, the grand father of petitioner arranged Rs. 25,000/-
and reached the matrimonial house alongwith the petitioner and grand father of
petitioner has given Rs. 25,000/- to the respondents and assured them to fulfill
their remaining demands.
 That inspite of receiving the aforesaid money, the behaviour of respondents was
not changed towards the petitioner and they used to beat the petitioner almost
daily for the fulfillment of their aforesaid demands. During this, the petitioner
became pregnant but even in this condition of petitioner, the respondents did not
show mercy to her and even did not provide proper food and diet to her, due to
which, the petitioner suffered with illness and when the petitioner requested the
respondent No. 1 to take her to doctor, he stated that he has no money for her.
 That on 22/01/2008, the petitioner gave birth to a male child namely Harsh and
all the expenses of delivery were borne by the widow mother and grants parents of
petitioner and spent Rs. 50,000/- in Chuchak ceremony but inspite of that, the lust
of dowry was not fulfilled of the respondents and they kept harassing and
torturing the petitioner.
 That when the petitioner again became pregnant, then the respondent No. 2 stated
to the petitioner to go to her parental house for giving birth to the child and
instructed the petitioner to bring a car after giving birth to the child and the
respondent No. 1 forcibly left the petitioner to her parental house, where the
petitioner gave birth to a male child Dabbu on 23/06/2010 and all the expenses of
delivery of child Dabbu were borne by the parental side of petitioner.
 That the information of giving birth to child Dabbu was given to the respondents
but none of the respondents came there even to see the child and put the condition
to arrange money and car, otherwise, they would not bring either to the petitioner
or to child, on this, the grand parents of petitioner arranged Rs. One Lac and asked
the respondent to bring back the petitioner and child. On this, on 05/07/2010, the
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respondent No. 1 came to the parental house of petitioner and the grand father of
petitioner has given him Rs. One Lac in cash and requested him to keep happy the
petitioner and child in the matrimonial house.
 That when the petitioner became pregnant third time, then again the respondents
sent the petitioner to her parental house for giving birth to the child and on
09/05/2012, the petitioner gave birth to a female child namely Baby Anshu and the
parental side borne all the expenses of delivery of child. On giving birth to a
female child, the respondents beaten the petitioner mercilessly and stated that till
today, the mother and grand parents of petitioner has not fulfilled their demands
and now who will bear the expenses of girl child. After giving birth of female
child Baby Anshu, the respondents became more aggressive and cruel towards the
petitioner and threatened to divorce the petitioner if the petitioner would not fulfill
the aforesaid dowry demands raised by the respondents.
 That on 10/04/2013, the respondent No. 2 in a preplanned manner, in order to kill

the petitioner, has opened the Gas Pipe of kitchen and asked the petitioner to make
Tea. When the petitioner entered inside the kitchen, she smell the Gas and after
checking the same, it was found that Gas nobe is opened and when the petitioner
asked about the same from the respondent No. 2, she beaten the petitioner
mercilessly and threatened to kill the petitioner and to remarry the respondent No.
1 with a rich girl.
 That thereafter, the petitioner lived at her parental house till 6 months and during
this, neither the respondent No. 1 ever came to bring back the petitioner nor came
to see the children. The grand father borrowed money of Rs. 50,000/- from
neighbourers and called the respondent No. 1 to Delhi, on which, the respondents
came to the parental house of petitioner and the grand father of petitioner has
given Rs. 50,000/- to the respondents and requested them with folded hands that
he is not in a position to fulfill the demand of car of respondents and further
requested to keep happy the petitioner in the matrimonial house and thereafter, the
petitioner reached to her matrimonial house with respondents.
 That even thereafter, the behaviour of the respondents was not good towards the
petitioner and harassed and tortured the petitioner for fulfilling the aforesaid
demands. Being aggrieved from day to day harassment and torture of respondents,
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the petitioner made a complaint against the respondents before MahilaMandal,

Faridabad, where the respondents assured the petitioner to keep her in the
matrimonial house peacefully and they brought the petitioner back to the
matrimonial house from there just to save themselves from the lawful action and
proceedings of MahilaMandal, Faridabad. After reaching to the matrimonial
house, the respondent No. 2 beaten the petitioner mercilessly and threatened to kill
the petitioner.
 That on 11/11/2015, on the occasion of Diwali Festival, the grand father of

petitioner came to the matrimonial house of petitioner and brought clothes, sweets
and fruits for the respondents but the respondent No. 2 thrown the said articles on
the floor in front of the grand father of petitioner and also misbehaved with him
and respondent No. 1 taunted that the respondents are not in habit of using such
type of sub-standard articles and he pressurized the petitioner to bring a car from
her parental house on the occasion of Bhai-Dooj festival.
 That on 25/04/2016, the respondents have turned out the petitioner and minor
daughter Baby Anshu from the matrimonial house only in simple wearing clothes
and they snatched both the sons from the petitioner forcibly and they threatened to
the petitioner that if the petitioner would come there, she would be killed and then
the petitioner taken her daughter and came to her parental house and narrated the
entire facts to her mother and grand parents, upon which, they tried to make
understand the respondents but they refused to keep the petitioner in the
matrimonial house and thereafter, the petitioner made a written complaint dated
27/05/2016 before CAW Cell, East District, Patparganj, Delhi against the
respondents.
 That the respondent No. 1 has not made any provision for the maintenance of the
petitioner. The petitioner is unable to maintain herself and minor daughter and she
has no source of income from any corner.
 That the petitioner is a housewife and unemployed and she has no source of
income from any corner and she is fully dependent upon her widow mother and
grand parents for all day to day need and requirement for the survival of herself
and her minor daughter Baby Anshu.
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 That the respondent No. 1 is doing the private job and earning Rs. 25,000/- per
month and besides this, he is running a milk dairy at his house by keeping around
15 buffalows and earning more than Rs. 1 Lac per month.
Observations:
In this court on 03.03.2018 , the day is fixed for arguments on application of

maintenance but the Ld. Counsel of the petitioner has filed the execution application
on behalf of the interim maintenance order &copy of execution application has been
supplied by the Ld. Counsel of the complainant to Respondent & taken on record.
Further, the Ld. Judge put the matter for arguments on next date.
03.07 .2018 for arguments on execution application.
CASE LAW – 13
IN THE COURT OF R.P. PANDEY, PRINCIPAL JUDGE, FAMILY

COURTS (EAST), VISHWAS NAGAR, DELHI.
IN THE MATTER OF:
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Smt. Gulshan …Petitioner
Versus
Shamshad Ali ……Respondent
P.S. MayurVihar
PETITION U/s 125 OF Cr.P.C. FOR THE GRANT OF

MAINTENANCE ON BEHALF OF PETITIONER.
BRIEF FACTS:
 That the petitioner was married with the respondent on 26/10/2013 according to
Muslim rites and customs at MayurVihar, Delhi and in the said marriage, the
parents of the petitioner have spent about Rs. 8 Lacs and out of the said amount,
Rs. 5 Lacs were given in cash by the parents of the petitioner to the respondent
and his family members on their demand in lieu of dowry articles and besides this,
the parents of petitioner also given gold and silver jewellery, costly clothes and
other articles.
 That after solemnization of the marriage, the petitioner was brought to her
matrimonial home by the respondent and the petitioner join the company of the
respondent. The marriage was duly consummated by both the parties but no child
was born out of this wedlock.
 That just after the marriage, the mother in law of the petitioner taken all the
jewellery from the petitioner and the respondent also taken even the small gold
ornaments from the petitioner and handed over the same to his mother and they
also taken the keys of the suitcase, almirah and boxes of petitioner and the same
are still lying in possession of the respondent and his mother.
 That after Nikah, the mother in law taunted the petitioner regarding the clothes
which were brought by the petitioner from her parental side thereby stating that
“JO KAPDE TERE GHARWALO NE DIYE HAI, AISE KAPDE BHIKMANGO
KO DIYE JATE HAI” but the petitioner did not object the said taunting of her
mother in law.
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 That the respondent and other in-laws of the petitioner started demanding Rs. 5
Lacs from the petitioner and pressurized her to bring the same from her parental
house and since the petitioner was tortured mentally and physically by the
respondent and his family members for the fulfillment of the aforesaid demand of
Rs. 5 Lacs and on non fulfillment of the aforesaid demand, the respondent
threatened to leave the petitioner.
 That due to the threats and cruel attitude, the petitioner made a written complaint
before CAW Cell, (East), Patparganj, Delhi on 07/12/2013 and on the said
complaint of the complainant, the respondent and his family members were called
there, where the respondent and his family members assured that they will not
raise any demand of dowry and shall not torture to the complainant either
mentally or physically and a settlement took place between the parties on
28/01/2014 before CAW Cell (East), Patparganj, Delhi and thereafter, the
petitioner again joined the company of the respondent and his family members.
 That the respondent and his family members were not happy due to the filing of
the aforesaid complaint by the complainant and the respondent and his family
members again started torturing and harassing the petitioner for demand of dowry
and when the petitioner’s father came to know about cruel attitude and
misbehaving of the respondent and his family members towards the petitioner, he
reached to the matrimonial house of petitioner on 24/03/2014, where the
respondent and his family members demanded Rs. 5 Lacs from him and when the
father of petitioner showed his inability to fulfill the aforesaid demand of Rs. 5
Lacs but the respondent and his family members did not listen the such request of
the father of petitioner and remained adamant on their aforesaid illegal demands,
then seeing no other way, the father of petitioner promised the respondent and his
family members to arrange some amount and thereafter on 26/03/2014, the father
of petitioner again came to the matrimonial house of petitioner and handed over
Rs. 70,000/- to the father in law of petitioner and requested that he is a poor
person and cannot arrange such a huge amount of Rs. 5 Lacs and requested the
respondent and his family members to keep happy the petitioner in the
matrimonial house and not to torture and harass him.
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 That on 28/03/2014, the mother in law of petitioner asked the respondent that as to
why the amount of Rs. 70,000/- was accepted and she instigated the respondent to
raise demand of remaining amount from the father of petitioner as she has to clear
her dues/loans. Upon which, the respondent pressurized the petitioner to make a
call to her father to bring remaining amount but the petitioner refused for the
same, then she was beaten up mercilessly by the respondent and his mother and
during this, the Mama and Mami of respondent reached there, they also instigated
the respondent and his mother against the petitioner and beaten her and thereafter,
they confined the petitioner in the room but they did not show any mercy upon the
petitioner.
 That seeing no other way, the petitioner made a call to her father and narrated the
entire incident, then on the next day i.e. 29/03/2014, the father of petitioner
reached at the matrimonial house of petitioner and he requested the respondent to
bring out the petitioner from the room and then the respondent and his family
members misbehaved with the father of petitioner and tried to beat him. Seeing
such behaviour, the father of petitioner stated that if the respondent and his family
members would not mend their ways, then he would left with no other option
except to make complaint against them, then the respondent and his family
members assured the father of petitioner to keep the petitioner in the matrimonial
house happy and not to repeat their acts of cruelties upon her.
 That on 01/04/2014, the respondent and his family members after hatching a
conspiracy, started beating the complainant for the fulfillment of their dowry
demands and when the petitioner tried to call to her father, the respondent
destroyed her phone, then the petitioner made a call to her father by managing
other phone, then the father of petitioner reached to the matrimonial house of
petitioner at about 11:00 P.M. then the respondent and his family members started
maltreating and abused him. Seeing the injuries of petitioner, which she sustained
in the beating given by the respondent and his family members, the father of
petitioner firstly taken the petitioner to nearby police booth at about 12:30 A.M.
and narrated the entire facts to the police officials present there, who after
listening the facts of petitioner, visited to the house of respondent but when he
returned from there, he started misbehaving with the petitioner and her father, then
seeing no other way, a 100 number PCR Call was made at about 01:50 A.M. and
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when no police came there, the petitioner and her father reached to the concerned
police station, where no complaint of petitioner was registered and even MLC of
the petitioner was also not conducted by the police officials and did not take any
action against the respondent and his family members.
 That the petitioner and her father waited for taking action against the respondent
and his family members by the police officials whole night but no action was
taken against them, rather the petitioner and her father were asked to go out from
the police station, then seeing no other way, the petitioner’s father taken the
petitioner to Guru Govind Singh Hospital, where she was treated vide MLC No.
34740 dated 02/04/2014.
 That the petitioner made a written complaint dated 05/04/2014 against the
respondent and his family members before CAW Cell (East) but no action was
taken on the said complaint inspite of several requests made by the petitioner, then
being aggrieved with the conduct of the I.O. of the said complaint, the
complainant made a complaint dated 03/06/2014 to CAW Cell against the I.O. of
the case but thereafter, the father of petitioner suffered with serious disease due to
which, the petitioner could not press her aforesaid complaint as except her father,
there is no mature male support in her famiy.
 That when the petitioner’s father recovered from his disease, the petitioner visited
to CAW Cell (East) and requested to take action against the respondent and his
family members on her aforesaid complaint but the petitioner was advised by the
concerned officials to move a fresh complaint, then the petitioner again made a
written complaint dated 11/08/2015 against the respondent and his family
members to CAW Cell (East) but till date, no action has been taken against them
and also filed a complaint under Domestic Violence Act against the respondent
and his family members, which is pending before the court of Ms. RichaParihar,
Ld. M.M., KKD Courts.
 That from that day neither the respondent came back nor he sent a single penny
for the maintenance of the petitioner. The petitioner is passing her merciless time
on the mercy of her poor parents.
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 That the petitioner is a housewife has been no source of income from any corner
nor she has any movable or immovable properties in her name. She is not able to
maintain herself.
 That on the other hand, the respondent is doing the private job of driving and
earning more than Rs.15,000/- per month and he is also having rental income of
Rs. 5000/- per month, meaning thereby, his total monthly income is Rs. 20,000/-
and the respondent has got no other liability to be discharged except to maintain
the petitioner.
 That the respondent has willfully and intentionally avoided, discarded, neglected
and refused to maintain the petitioner.
 That the respondent is duty bound to maintain the petitioner as per his own status
and he is liable to provide all the luxuries and comforts to the petitioner, which is
being enjoyed by him.
 That the petitioner requires a sum of Rs. 10,000/- p.m. as the maintenance for her
survival.
OBSERVATION:
On 20.02.2018 respondent and his Ld. Counsel is not present from the last two dates
as well so, the Hon’ble court said to the Ld. Counsel of petitioner to file the Ex- parte
Affidavit on next date for the Ex – parte and mark the short date and issued the NBW.
On 28.03.2018 Ex- parte Evidence affidavit had been filled by the Ld. Counsel of the
petitioner. Further a date is marked by the Ld. Presiding officier.
NEXT DATE OF HEARING :
On 20.02.2018 matter put for filling of Ex- parte Evidence Affidavit of the petitioner
on 28.03.2018.
On 20.02.2018 matter put for Evidence of petitioner on 11.05.2018.
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CASE LAW – 14
IN THE COURT OF R.P. PANDEY, PRINCIPAL JUDGE, FAMILY

COURTS (EAST), VISHWAS NAGAR, DELHI.
IN THE MATTER OF:
Smt. Ritika …Petitioner

Versus
VickeyKhurana ……Respondent
P.S. Geeta Colony

BRIEF FACTS :
 That the petitioner was married to the respondent according to Hindu Rites and
Ceremonies on 28/10/2012 at Geeta Colony, Delhi-110031 with great pomp and
show. The parents of the petitioner nearly spent Rs. 20 lac in the marriage of
petitioner, saved and arranged by them for her marriage and gave her sufficient
gold and silver ornaments including various household articles, furniture’s etc.
The list of the goods is filed herewith. Apart from the above, the petitioner’s
parents gave gold items and costly gifts not only to the respondent but to his other
family members and near relatives as per their demand.
 That after sometimes of the marriage, the petitioner came to know that her Roka
Engagement and Marriage was solemnized by the respondent and his family
members by playing fraud upon her parents in as much as it was told to the
petitioners parents that the family of the respondent were tea-tottler and that the
respondent was earning Rs. 20,000/- per month from his service. However, after
marriage, it revealed to the petitioner that her father-in-law and his other son were
found drinking almost every day and after drinking, they used to start giving filthy
abuses to each other as well as to other family members and it was also told to the
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petitioner that the salary of her husband (respondent) had been stopped. When the
petitioner asked and questioned to her mother-in-law as to why the respondent
was not receiving his salary and as to why, the same was stopped by his employer.
Instead of giving some reasonable and satisfactory reply, she started abusing and
fighting with the petitioner, on account of which, the petitioner started suffering
mentally and economically in the matrimonial house as she was not given even a
single penny for her needs and expenses. After sometime, the petitioner came to
know that the respondent was giving his salary to his mother so that the petitioner
may not ask money for her expenses from respondent. Thereafter, the respondent
and his family members started demanding Rs. 2 lac for running his business.
When the petitioner refused to bring dowry and cash, then all the respondent and
his family members started fighting and quarrelling with the petitioner and she
was manhandled and beaten up at the instance of the respondent’s family
members. They also started giving and causing intimidation to the petitioner that
her father cannot do any wrong with them because the father of the sister-in-law
of petitioner, had been a retired police personnel and that brothers of the sister in
law of petitioner were/are also working in police. The parents of the petitioner
gave sufficient gold and silver articles and cash not only to the respondent and his
family members but to their near relatives also. The petitioner’s brother visited to
the matrimonial house of the petitioner on 12.02.13, when the respondent and his
family members told him to take the petitioner along with him and when the
respondent would start earning again, and then she should be sent to her
matrimonial home. Accordingly, the petitioner’s brother Mr. Deepak took her to
her parent’s house.
 That on 20/07/2013, the petitioners husband visited to the parents house of the
petitioner and started shouting loudly in their house as well as started giving filthy
abuses besides causing damages and breaking the tube light and glasses at about
3:00 A.M. in the morning, on account of which and hearing the noise, the
neighbours came out and called the P.C.R. and the husband of the petitioner was
taken to the P.S. GEETA COLONY, where the father , maternal uncle and other
uncles of the respondent reached to the police station. The father-in-law of the
petitioner apologized to the petitioner and her parent’s family members. Thereafter
the parental family members of the husband of the petitioner and other relatives
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have undertaken to take the petitioner to her matrimonial house/shared house. On

such undertaking the husband of the petitioner was released from the police
station.
 That on the festival of DIWALI of 2013, the petitioner’s parents visited to the
matrimonial house of their daughter with gifts and articles of DIWALI, when they
tried to give gifts of DIWALI, the petitioners father-in-law and brother-in-law ,
who were in a drunken state, manhandled the parents of the petitioner and trashed
them away, therefore, the petitioner and her parental family members suffered
maximum at the hands of the petitioners in-laws. Not only this, the parents-in-
laws of the petitioner with a malafide intention gave false notices in order to
deprive the petitioner of her legal right, claim of Stridhan, right in their property
without considering that the whole family of the petitioners husband continues
living in the same house. As such, they are sham documents created against the
petitioner, which do not have any sanctity of law nor are binding upon the
petitioner. The parents-in-laws of the petitioner have also been making false
complaints against the petitioner and her parents despite knowing that the
petitioner’s parents have been suffering and ailing from many diseases and are
weak person.
 That on 25/07/2014, the husband and the other family members of the respondent
beat the petitioner mercilessly and in the process they caused serious injuries to
the petitioner.
 That due to the ill treatments and continuous harassment and torture caused by the
respondent and his family members the petitioner became seriously ill and
suffered with various types of cruelties and no proper care or treatment was also
provided to her in the matrimonial/shared house. Her condition became quite
serious. She called her parents and informed about her illness. Accordingly, the
father and brother of the petitioner visited to the matrimonial house of the
petitioner and took her along with them to their house on 28/07/2014. She came to
her parent’s house only with her 2-3 pairs of clothes. That the petitioner several
times requested to the respondent and his family members to return her dowry
articles/Stridhan but the respondent and his family members did not pay any heed
to the requests of the petitioner and finally have refused to return the same.
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 That in the view of the above cruelties and demand of the respondents, the
petitioner was constrained to file an F.I.R. u/s. 498A-/406/34 IPC bearing no.
918/14 dated 11.12.14 in P.S. GEETA COLONY against the respondents. Thus,
the petitioner suffered huge in terms of her health and mentally and the petitioner
has no source of income and she is devoid of means of livelihood. She is
dependent upon her parents. The respondents have a joint family and they have
good income as the husband of the petitioner is alone earning around Rs.30, 000/-
per month. The respondents are liable to pay Rs.15, 000/- per month as
maintenance to the petitioner for her food, clothing, medicine and other
miscellaneous expenses.
maintain herself.
OBSERVATION:
On 16.02.2018, Ld. Counsel Ms. HeenaNahimJahanof the respondent had filled the
Written Statement on behalf of respondent and she also mentioned before the court
that the Ld. Judge Ms. Surabhi Sharma Vats, M.M, Mahila, Karkardooma court had
send the matter before mediation centre for the settlement, where on 07.02.2018
matter was not settled and a short date had been marked by the Counsellor. Further ,
this Hon’ble court ordered for the replication before 2 weeks of the next date .
NEXT DATE OF HEARING : On 20.05.2018 for arguments on interim

maintenance application.
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CASE LAW – 15
IN THE COURT OF R.P. PANDEY, PRINCIPAL JUDGE,

FAMILY COURTS (EAST), VISHWAS NAGAR, DELHI
IN THE MATTER OF :
1. Sunita Rani Sharma
2. Baby Nayay…….Petitioners Versus
Manish Kaushal …..Respondent
P.S. Shakarpur

MAINTENANCE ON BEHALF OF PETITIONERS.
BRIEF FACTS :
 That the marriage between the petitioner and respondent was solemnized on
25.09.2009 atLaxmi Nagar, Delhi – 110093 according to Hindu rites and
ceremonies with great pomp and show. The dowry was given as per demand/
sweet will of the respondents. In his marriage the mother and brother of the
complainant had spent Rs 12,00,000/- approx.
 That after marriage the petitioner had joined her matrimonial home and found that
the respondent and his family members were not happy with the dowry articles
received in the marriage. The respondent and his family members said that the
brother of the petitioner is working in USA, even then less dowry has been given.
On the next day of marriage the mother of the respondent took all jewellery of the
petitioner which was given by her parental family members. The mother of the
respondent used to demand costly things on the occasion of the festivals. She used
to demand gold, diamond jewellery, laptop etc. from the brother of the petitioner.
On objection by the petitioner the respondent and his family members used to
abuse and harass the petitioner. Respondent and his family members used to
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taunt that her brother has not even called them to visit USA. The respondents
no.1,2& 3 used to ask the complainant to bring money from her brother for
purchase of land and refusal used to quarrel with her, abused her in filthy
language.
 That on 24.5.2011 the petitioner gave birth to a female child named Navya by
caesarean operation. The petitioner was not provided proper diet, care, medical
attention prior to birth of the child and even after operation. She was not even
allowed to take rest against the advice of doctor. The respondent were not happy
with the birth of female child and they pressurized the petitioner to give birth to a
male child but again unfortunately on 16.10.2012 second female child namely
Ravya was born through caesarean operation. After birth of this child the cruelty
was increased upon the petitioner. The petitioner was asked to do all work of the
house without proper food, rest etc.
 That the second child was ill but no medicine was being provided to her. The
petitioner was not allowed to use mobile phone to talk with her mother or brother.
On 3.8.2013 the second child was having fever, the petitioner requested the
respondent to show her to doctor but neither they took her nor allowed the
petitioner to take her to doctor. In the night at 10 PM the daughter Ravya cried
too much, then respondent and his mother took the female child to unknown
hospital or nursing home but did not take the petitioner with her. The petitioner
was slapped and pushed by the mother of the respondent and left at home even
after petitioner’s repeated requests to take her along with the baby to the hospital.
A neighbourtook pity upon the respondent and asked her son namely Vicky to
take the respondent in their car to the hospital where her daughter Ravya had
died. Despite requested requests respondent and is mother did not disclose as to
how petitioner’s daughter Ravya who was around 9 months at that time had died.
The respondent used to consume liquor daily and whenever the petitioner asked
about the cause of death of daughter he used to abuse her in filthy language and
used to give her merciless beating.
 That on 14.12.2013 respondent quarreled with the petitioner throughout the night,
slapped the petitioner, where she bled through her lips, threw hot tea upon her, and
not let her eat food throughout the day and when she cried and asked for help
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neither respondent’s mother – father came to help her. The respondent’s mother
said that the petitioner will have to stay there as they like ans in case she is unable
to live she may go to her parental home. Petitioner thought that her one daughter
has already died , there is danger to her life and to the life of her other daughter,
she called her elder sister Rita Sharma on 15.12.2013 and with her came to the
parental home at 12/411 A, Lalita Park, Laxmi Nagar , New Delhi-110092 with
daughter Navya with just few winter and basic clothes. The respondent left all her
belonging behind.
 That on 4.1.2014 in the evening a message came from respondent that he will
leave daughter Navya but she did not come, then the petitioner and her mother
went to the respondent’s house in Faridabad on 5.1.2014 to look for the baby girl,
both the petitioner and her mother were forced to wait for 15 minutes outside their
house the respondent and his family used this time to hide the girl child Navya in
a store room, which was later mentioned by the respondent to the petitioner in a
phone call. After the quarrel and abuses by the respondent and his family members
the petitioner and her mother were forced to leave. The respondent’s parents are
part and parcel in keeping away the baby girl Navya from mother, the petitioner,
but continuously denied knowing about the location of the girl, while the
respondent was hiding himself and the girl child in the house all the time. The
respondent said that they have approach to the police and political circle nothing
will happened to them whatever complaint is made by the petitioner against them.
 That the petitioner was receiving indecent and unwelcome calls and messages
from unknown persons on cell phone no. 919310376169. Some people had also
referred to a post on a Facebook profile. The complainant gave complainant to the
Cyber Crime Delhi Police, Mandir Marg, New Delhi on 20.1.2014 and on
10.2.2014 the petitioner gave detailed complaint to the SHO P.S. Shakarpur,
Delhi-110092 against the respondent.
 That after complaint the calls and messages stopped coming for few days but
thereafter the same process continued. The petitioner suspected involvement of the
respondent as he had threatened that he would malign her image, social respect
and will not allow her to live respectful life. The brother of the petitioner spoke
with some of the people who called last time, they referred to a Facebook page of
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someone called Raj Kumar Singh from New Delhi with a post with the
petitioner’s number and a picture. Then the brother of the petitioner complained to
the company Facebook to remove the page from the website.
 That the petitioner had also filed the Domestic Voilence petition which is pending
before the court of Ld. Surabhi Sharma Vats, M.M, Mahila Court, Karkardooma
Court, Delhi .
maintain herself.
 That the respondent is running a security company named Shivam Enterprises,

office at C-207, PulPrahaladpur, Tughlakabad , New Delhi and at D-382,
Bsasement, PulPrahaladpur , Near New Life Medical Center, Tughlakabad , New
Delhi-110044, he is managing around 150 workers and his earning is more than
Rs.1,00,000/- per month.
 That the petitioners require 30,000 per month for the survival of herself and child.
OBSERVATIONS:
On 31.01.2018 arguments had been done before the court and some objections/
questions were raised by the Ld. Counsels of both the parties against each other.
Further the Ld. Judge marked the date for the rest arguments on 09.02.2018.
On 09.02.2018 Ld. Judge is on leave so proceedings couldn’t take place so a date has
been marked by the reader
On 31.01.2018 marked for arguments on 21.03.2018.

On 09.02.2018 marked for 02.05.2018 for the same purpose.
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CASE LAW – 16
IN THE COURT OF RAJEEV MEHRA, PRINCIPAL JUDGE,

FAMILY COURTS (NORTH -EAST), VISHWAS NAGAR,
DELHI
IN THE MATTER OF:-
SairaBano ……Petitioner
Versus
Mohd. Iftekhar @ M.I. Chaudhary …..Respondent
P.S. Usmanpur

BRIEF FACTS :
 That the petitioner was married with the respondent on 30/04/2016 according to
Muslim rites and customs at Turkman Gate, Delhi-110006. The mother and family
members of the petitioner had spent a huge amount in the marriage beyond to their
capacity. The mother and other relatives of the petitioner had given sufficient
dowry articles including gold, silver jewellery, utensils, costly clothes, electrical
items, household articles etc. alongwith cash to the respondents and other family
members and around Rs. 8 Lacs were spent in the marriage. The marriage was
duly consummated between the parties, however, no child was born out of this
wedlock. It is pertinent to mention here that the Roka ceremony was also
solemnized at the aforesaid address of the petitioner, which belongs to the younger
sister of petitioner.
 That it is pertinent to mention here that this marriage was the second marriage of
both the parties. The petitioner has been divorced by her previous husband and the
previous wife of the respondent No. 1 namely Farida Khanam has been expired
due to Cancer disease. The respondent No. 1 is having four children from his
previous wife Farida Khanam namely Ms. Sadiya, Faizan @ Raja, Ms. Aiyman
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and Prince. The father and brother of previous wife of the respondent No. 1 are
also residing with the respondent No. 1 at his aforesaid address.
 That after the marriage, when the petitioner joined the company of the respondent
and his family, the entire jewellery and Istridhan were taken by the respondent and
his daughter on the pretext that the same would be kept by them in bank locker
and on their assurance, the petitioner handed over her entire gold and silver
jewellery and Istridhan to them for keeping the same in bank locker and since the
same are lying with them and the same has not been returned to the petitioner by
them inspite of her repeated requests and demands.
 That after about one week of the marriage, the brothers and sister of respondent
came to the matrimonial -house of petitioner and instigated the respondent against
the petitioner by stating that they have solemnized the marriage of respondent
with a Girl who is resident of Delhi i.e. petitioner with the hope that the petitioner
shall brought huge cash and more gold and silver jewellery but she has not
brought the same as per our desire. On this, the sister of respondent taunted that
the petitioner has also not brought any jewellery for her. The other in-laws of the
petitioner including the respondent No. 2 & 3 have taunted the petitioner for
bringing less dowry and less jewellery. The respondent’s son also taunted the
petitioner that the petitioner has not brought motorcycle for him in the marriage.
On this, the respondent and his brothers stated that they were thinking that the
parental side of petitioner themselves would give everything but they did not give
the dowry as per desire of respondent and other family members. The respondent
and his brothers asked the petitioner to bring Rs. 10 Lacs from her parental house.
 That thereafter, the respondent and other family members started harassing and
torturing the petitioner mentally and physically for the demand of money and
jewellery but the petitioner did not disclose about the acts of cruelties committed
by the respondent and his family members, to her mother and other parental side,
thinking that they would be sad after listening the same and the petitioner
tolerated all the acts of mental and physical cruelties of the respondent and other
family members, due to which, the petitioner suffered with huge pain.
 That at the time of making the physical relations with the petitioner, the
respondent became more aggressive and cruel towards her and after about 20
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days of the marriage, one day he crossed all his limits and tried to make unnatural
sex/relations with the petitioner and when the petitioner objected him for doing
such unnatural sex, the respondent beaten her mercilessly and forcefully made
unnatural sex/relations with the petitioner, due to which, the petitioner suffered
with huge pain and the respondent gave hard punch blows on the right side breast
of the petitioner, due to which, blood was oozing from there. Seeing the blood, the
respondent threatened the petitioner not to disclose anything about the same,
otherwise, she would be killed.
 That thereafter, the respondent (who himself running Pathology Lab) got
conducted some tests of petitioner in Ghaziabad and thereafter, stated to the
petitioner that Cancer disease diagnosed in the medical tests and he further stated
that one report is to come and only after receiving the said report, he would decide
that either to keep the petitioner with him or to divorce her. The sister of
respondent and other family members instigated the respondent against the
petitioner that still there are several marriage proposal for the respondent as he has
good developed business and he is handsome too in this age, therefore, his
marriage can easily be solemnized with a girl of very small age than the
respondent and they further stated that they have several marriage proposals of 50
Lacs for the respondent and they further instigated the respondent to divorce the
petitioner. Listening their words, the respondent asked the petitioner to bring Rs.
30 Lacs from her mother, otherwise, he will make the life of petitioner a hell and
will solemnize his another marriage after giving divorce to the petitioner and he
pressurized the petitioner to bring Rs. 30 Lacs to save her matrimonial life.
 That as and when the respondent used to remain outside the house for his work,
then the brother of earlier wife came to the petitioner and try to touch the
petitioner with bad intention but initially the petitioner ignored the ill intention as
the petitioner treated him as her own brother but on 28/05/2016 at about 04:00
P.M. when the petitioner went to his room to give him tea, then he pulled the
petitioner towards him by caught hold her hand, due to which, the petitioner fell
down upon him and he hold the petitioner from her back and pressed the breast of
petitioner and asked her to take care of him, only then he will handle the position
of petitioner in the matrimonial house. The petitioner saved her modesty from his
evil eyes by pushing him and ran from there and when in the evening, the
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respondent came to the house, the petitioner disclosed all the aforesaid incident to
him, then instead of asking the reason from the brother of earlier wife, the
respondent threatened that if the petitioner would not bring Rs. 30 Lacs from her
parental house, she has to face such type of incidents and when the petitioner
objected for the same, then the respondent beaten the petitioner.
 That on 30/06/2016 at about 09:00 P.M. when the condition of the petitioner
became bad and the petitioner requested the respondent to take her to doctor, then
the respondent called his brothers and sister and then the respondent , his brothers
and sisters asked the petitioner that your parents have not fulfilled our demands of
Rs. 30 Lacs and threatened the petitioner that if the petitioner wants to live in the
matrimonial house, then she has to bring Rs. 30 Lacs from her mother and even
that the respondent send the petitioner to her parental house in a Taxi on
01/07/2016 at about 10:00 P.M. and he threatened to the petitioner that if the
petitioner would not bring Rs. 30 Lacs till next morning, then he will divorce the
petitioner and will remarry with a rich girl. As the petitioner is well aware with the
financial condition of her widow mother, therefore, she reached to the house of
her sister at the aforesaid address and narrated the entire incident and then this
incident was disclosed by the sister and her husband to the entire family and they
arranged Rs. 5 Lacs and taken the petitioner to her parental house, where the other
sisters and their husbands and other relatives also reached there and they also
brought money with them and then after arranging the total amount of Rs. 10
Lacs, the petitioner alongwith her uncle Abdul Subhan and younger sister Shabana
reached to the matrimonial house at about 06:00 A.M. and the uncle of petitioner
handed over/given Rs. 10 Lacs cash to the respondent and his son in the presence
of respondent’s earlier wife’s brother and father and then the uncle and sister of
petitioner requested the respondent to keep the petitioner happy in the
matrimonial house and they also assured him to fulfill the remaining demand of
Rs. 20 Lacs.
 That thereafter, the petitioner made a written complaint dated 15/07/2016 before
CAW Cell, North-East, Delhi against the respondent.
 That the aforesaid cruelties were committed by the respondent and his family
members upon the petitioner in the matrimonial house/shared household, which
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caused a great mental and physical agony to the petitioner and the same is
continuing as the respondent has not paid even a single penny till date in the form
of maintenance as she requires atleast an amount of Rs. 50,000/- per month for the
maintenance and survival of herself and the respondent is bound to maintain her
as per his own status and luxuries being enjoyed by him.
maintain herself.
OBSERVATION:
On 06.02.2018, the respondent pay 2,000/- which was imposed to him by the hon’ble
court as a cost of non appearance. On the other hand Ld. Counsel of both parties
mention before the Hon’ble court that there is circumstances for settlement .Further
Ld. Judge marked the matter to Mediation Centre for Counselling.
On 04.04.2018 before Mediation centre part negoitions had been done and rest put for
18.04.2018
On 18.04.2018 matter has been settled i.e both the parties were agree for mutual
divorce on the sum of Rs.17 lacs and the settlement deed of the same has been made
by the mediator.
On 04.04.2018 for Mediation and for regular hearing 27.07.2018 for argumentson
interim maintenance application.
EXPERIENCE DURING THE INTERNSHIP
The job of a lawyer is only to assist a party in a suit regarding the proceeding and
appear before judge on his behalf. Every Lawyer maintains a court diary, which
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proved handy and very useful as all the details of the case are entered in the diary with
proper date and its petition number. It proves to be useful, as respective cases are
recorded by the lawyer date wise and it saves time to think and search of the cases as
per the present date. During my internship, I learned to maintain the lawyer’s diary; I
learned how to take dates from the court from the registers. I myself has submitted an
application of Non-appearance on behalf of my Sir before the Honorable judge. It was
a learning experience as Juniors take one year for learning the court proceedings
which I could learn during the period of Internship. Though two month was not
sufficient but it was enough tolearn about the basics. And to gain mastery we have to
start with the basics. Basics can be learned only in Trial court. I have learned the
Basics of Drafting. I could get to know about fast track court and Lok adalat which is
an emerging concept.. I really tried hard to Learn. It was adventurous for me as
everything was unpredictable. Every Client comes with a new case, new situation, a
new problem and which doesn’t have any perfect answer. I also experienced the
expressions and thoughts of the Honorable Judges. When they are in a good mood,
they will tell you how to do the things correctly but if not then they will scold you for
the simple mistakes you have done. About Advocates I experienced that it is not easy
to work as an advocate, it requires a lot of dedication and hard work, only then you
can achieve success, and most importantly social recognition.
This was a common practice among all advocates to never come on time and keep
their clients waiting before the court. They also would never present W.S. (Written
Statement) before the court on time, and also the witness on time, and then ask the
court to issue a further date for next hearing. In the office I learned all the official
work, filling Talwana, Vakalatnama etc. All these documents are very important and
an advocate must know how to fill them and use them, Talwana is used for many
things such as for issuing Attach Warrant, issuing notices etc.
I also learned that it is very important to be always reading cases and new enactments,
keep yourself always sound-minded, and while dealing with a case read the facts of
the case very carefully and try to find all the loopholes and then use them in your
favour, also while cross questioning with the witness never allow him/her to be
confident ask them twisted questions so that they become nervous and are not able to
answer properly.
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Certainly, I realized that one can not become a good advocate over night or by just
reading bare acts and books, one should work as hard as possible and invest as much
time as possible on the practical ground. It is never a ending process, as the
amendments and new laws keep on coming. This in a nut shell can be described more
as a rule of thumb.
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REFERENCES
I was allowed to use internet library for research work of the cases. Sir had explained
me how to use the citations and how to research the case digests and commentaries
for the case proceedings.
The judgments and facts/doctrines hence forth used are photocopied for the use of the
Counsel and for the Court.
Some of the sources of my research work are –
 Manupatra
 Recent Civil Reports
 Supreme Court Criminal Digest
 Supreme Court Civil Digest
 Lawyer’s Club India
 E-Judis
 eLegalix
 Many other commentaries and internet surfing.
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CASE Diary- Internship Report

LLB (Guru Gobind Singh Indraprastha University)

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IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR

UNDER THE SUPERVISION OF SUBMITTED BY

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It is my proud privilege to express my sincere gratitude to Advocate VIJAY GUPTA

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Place: Delhi Dr. Neeta Bei

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Certificate by the avocate

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 Importance of Legal Internship 2-3

 Report on Court Experience 4

 General Observation of Functioning of District Courts 5

 Court Diary ( List of Cases) 6-60

 Expierence During the Internship second and third last 61-62

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IMPORTANCE OF LEGAL INTERNSHIPS

1. Internship is one of the modes of practical training in the sphere of legal

2. The process of internship provides the students with an opportunity to study

Importance of legal internships can be summarized through following threefold

 Internship provides a platform for practical application of classroom

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 Internship assists in choosing respective area of interest and hence in

Legal internships are primarily research and drafting oriented.

Research: Research constitutes an important aspect of any internship whether it is a

Daily internship duties

2. Office type organizational work- photocopying, organizing papers, keeping

3. Reading any suggested law related materials for my own benefit

5. Talking to various lawyers in our office

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REPORT ON COURT EXPERIENCE

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GENERAL OBSERVATION OF FUNCTIONING OF

Functioning of district Court is very important to be understood by a legal practitioner

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IN THE COURT OF MS. MAHIMA RAI, METROPOLITAN

Domestic Violence Case No. – V- 42/2014

Sunita Rani Sharma ……. Aggrieved person

3. OmkarNathKaushal ……Accused / Respondents

APPLICATION UNDER SECTION 12 OF THE POTECTION OF

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 That the respondent no. 1 is running a security company named Shivam

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Next Date of Hearing:

On 21.03.2018 next date is 10.05.2018 for the Evidence of the Complainant.

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IN THE COURT OF MS. S.K. MISHRA, METROPOLITAN

IN THE MATTER OF:-

Saira Bano …Complainant/Aggrieved Person

1. Mohd. Iftekhar @ M.I. Chaudhary (HUSBAND)

2. Ms. Sadiya (DAUGHTER OF IFTEKHAR)

3. Ms. Ayman (DAUGHTER OF IFTEKHAR)

4. Faizan @ Raja (SON OF IFTEKHAR)

6. Father of Saleem…….Accused/ Respondents

APPLICATION UNDER SECTIONS 12,17,18,19,20, 22 & 23

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