LL.B.

V Term, Faculty of Law, University of Delhi

LB-501: Moot Court, Mock Trial and Internship

CASE PLANNING CHART (10 Marks)

Name of the Centre –

Section:

Student’s Name:

Class Roll No:

Exam Roll No:

Fill the form as the lawyer in the case you shared in the Client Interview

Exam Client Goals, Objectives, or Concerns (immediate / long term):

Immediate: to get the husband arrested for the offence of bigamy u/s 494 of IPC. Long Term: to

obtain divorce, file for maintenance and get the husband punished u/s 494 of IPC.

Brief Facts: Husband conducted second marriage and has a child born out of the wedlock. The first
marriage was conducted with the client two years ago in the month of March. It was a love marriage and
the groom's family didn’t consent to it although the marriage was conducted with the blessings of the
bride’s family. After a year when the groom’s family established contact with him again, fights started
between the client and her husband. When her husband went on tour claiming that he has a touring job
now and she couldn’t establish contact with her husband, my client came to know that the husband is at
his native place in Orissa through the caller tune in Oriya language and after few inspections found out
that he has married there an year ago and has a child that has just been born. The husband since the
discovery has been threatening my client and abusing her.

Possible Case Theories:

1) The Husband’s family started persuading him and threatened him that he won’t get any
property if he stays with my client and they forcefully married him to the second wife. 2) The
husband had an affair in the village and just married my client for wealth. He didn’t intend the
second marriage to be discovered and was willing to cheat my client and sustain both the
marriages.
3) The husband is a conman who marries girls with an intention of deceiving them and hurt them
 through his misogynistic ways. And he is only doing this to extort money from my client and is
also threatening to defame her by claiming that the child is not his.

Which among them is the most Persuasive Story in your opinion? Give reasons:

I think the third story is the most persuasive one as his intention is to deceive my client, take all her
money, trouble her mentally and defame her by stating that the child is not his.

1) He has displayed no intention of coming back to my client.

2) He has stated that he doesn’t agree that the child is his.
3) He has displayed no remorse or regret on his second marriage.
4) The first year of the marriage was fine where he gained trust of my client and the problems
started only subsequently and he made her believe that it was due to her irresponsible
behaviour and was no fault of his.

Good Facts: (Which facts go in your favour?)

1) My client was the first wife.

2) The husband doesn’t deny the second marriage.
3) The first marriage was conducted in presence of a lot of witnesses and a lot of evidence is
available.
4) Legitimacy of the children can be proved.
5) The husband lied about the job being a touring one and nature of his job can be cross checked
from his office.

Bad Facts: (Which facts go against you?)

1) The husband may state that the first marriage was without his consent.
2) There is no evidence that the husband abused or threatened my client as the calls had not been
recorded.

What are you going to say to counter your bad facts?

1) The consent of the husband can be proved through his conduct in the video footage of the
marriage where he can be seen happy and the fact that it was a love marriage. 2) For the offence of
bigamy, occurence of second marriage in the presence of first wife is sufficient to make the
husband liable. Moreover, the husband in all probability will have the tendency to repeat his
threatening behaviour and the client can be advised to cautiously create an evidence out of it.
Case Analyses Chart
Legal Claim Elements of Facts to Source of Proof Informal Formal Opponent’s
Claim support Discovery Discovery Defences
 Claim (Theory, Proof,
Discovery)

1) Section 494 of Whoever, 1) Second 1) Marriage 1) Condu 1) Testim 1) The

IPC having a marriag photos of cting ony of opponent
may
husband or e of the both the inform witnes
deny the
wife husband marriages. al ses
existence
living, 2) Presenc 2) Witnesses intervi and
of either
marries e of the who ew at docum of the
in first attended office, ents marriage
any case in wife. the native provin and
which 3) The weddings place g claim
such Husban 3) Marriage of the marria that the
marriage d certificate husba ge. husband
has been
is doesn’t and nd. 2) DNA
denies documents report married
void by just
reason of the to prove s of
once.
its taking second existence both
place marriag of the first kids
during the e. marriage
life of such 4) There
are a lot
husband or
of
wife, shall
witness
be
to the
punished
first
with
marriag
imprisonme
e.
nt of either
description
for a term
which may
extend to
seven
years,
and shall
also be
liable to
1) The
fine.
Husban 1) Neigh
d has a bors of
child 1) The
1) DNA the
from his defence
Any second
Reports couple 1) DNA
may
marriage 2) Text intervi report
marriag deny
2) Section 13 solemnise exchange, ew. s
e claims of
HMA d, call 2) Intervi 2) Text
indicatin second
whether recordings. ew of excha
g at marriage
before or 3) Marriage their nges,
sexual or deny
certificates. friends call
after the intercou validity
commenc . record
rse with of the
em ent of 3) Social ings
other first
this media .
woman. marriage
accou
Act, may, 2) The act . And
nts of
on a of
petition
presented
by either
the
husband or
the wife,
be
dissolved
by a
decree of
divorce on
3) Section 503 the ground marryin 1) Call both 1) Call thus
IPC that the g again recordings the record oppose
other party in parties ings the
16 [(i) has, presenc divorce.
after the e of first
solemnisa wife
tio n of amount
the s to
marriage, cruelty.
Further
had
more
voluntary
the
sexual husband
intercourse is calling
with any his
person legitima
other te child
than his or an
her illegitim
spouse; ate one
or] and
16 [(ia) trying to
has, after malign
the reputati
solemnisa onof my
tio n of client in
the addition
marriage, to
treated the verbally
petitioner torturin
with cruelty; g her
mentally
.

1) The
1) Interview of husband
1) Injury to relatives of may
reputati the deny any
Whoever on by husband such
threatens indicatin claim
another with and may
any injury to g that
his person, the child also say
reputation or is not that the
property, or legitima evidence
to the te from is
person or the first inadmiss
reputation of ible.
any one in marriag
whom that e.
person is 2) The
interested, object is
with intent
to cause to
alarm to refrain
that person, my
or to cause
that person
to do any
act which

he is not client
legally from
bound to do, exercisi
or to omit to
do any act ng her
which that legal
person is claim of
legally filing a
entitled to complai
do, as the nt
means of
avoiding the against
execution of him u/s
such threat, 494 of
commits IPC
criminal
intimidation.