TEAM CODE: P1

Members:

1. Amrutha Ravi
2. Sandra Santhakumar
3. Hashna. S. Hashim
CONTENTS

● INTROUCTION
● CLIENT COUNCELING
● ADVOCATE DISCUSSION
● LAWS INVOLVED
PART 1: INTRODUCTION

Council 1: Hai madam, welcome to A&A Associate. I am Adv. Haashna Hashim and this is my advocate
Amrutha Ravi.

Client: Thank you.

Council 2: Good morning ma’am. We hope that you hadn’t any difficulty in finding way to our office.
Could you state your name please?

Client: I am Lakshmi S.S. No, I hadn’t any difficulty in finding your office.

Council 1: Okay ma’am. We would to know more about you & you can be yourself while interacting with
us. Whatever discussed here will be within us & for affirming the same, you may sign a confidentiality
document.

Client: I am a homemaker still working hard for achieving a government job. I can be myself and only
state the truth here.

Council 2: So ma’am. Before moving to the consultation we would like to tell you about the process.
Firstly you will be narrating the incident to us. After that we will be re narrating the incident to you and
at that time if you feel that we had missed any points you may feel free to add on.

Client: Thank you for the kind information ma’am.

Council 1: We hope you feel comfortable right here. Would you like to have some tea or coffee?

Client: No. Thank you.

PART 2: CLIENT CONSULTING

Council 1: Without much further, please tell us more about the incident.

Client: I am Lakshmi S.S & I am 29 years. D/O Sudhakaran residing at, Manutharuthala veedu, Kottamam,
Parasuvakkal Desham, Parassala, Trivandrum Rural, Trivandrum District. I am married to N.S. Arun, aged
34 years, S/o Narayanan residing at Thozhuthvilakam Veedu, A.V. Nagar, Venpalavattam, Trivandrum
Urban, Trivandrum District. Ours was solemnized on 01/11/2012 at Kairali Auditorium, Parassala as per
Hindu customary rights and rituals. My parents gave 45 sovereign gold, 62 cents of land, 2 Lakh rupees
in cash and home appliances as dowry on Arun’s demand. From the date of marriage we were residing
at the matrimonial house. The marital life was very cordial and happy during the initial stages. Later I
was subjected to physical and mental harassment on the grounds that the dowry provided was not
enough. Arun’s name was not included in the deed of land and I didn’t had a government job. Arun
along with his mother and father mortgaged 25 sovereign of my gold.

Further I was blackmailed by them and made me forcefully mortgage her remaining gold. They also
ceased my ATM Card and withdrew the money. During that time I gave birth to a girl child named
Arunima Narayan A.L. (D.O.B: 29/02/2016) and things were getting back to normal. Since both of us had
no government job we decided to go for bank coaching that too out of my father’s savings.

On 14/02/2020, on the way back to our home, Arun with the intention to cause me death, hits their bike
on the side of a KSRTC bus, due to which we fell. Arun suddenly pushed me towards the bus and I
sustained with life threatening injuries as the bus rode over my legs. I had undergone major surgeries
including grafting and several other treatments for 2 months. Now the situation is such that I can no
longer live with Arun who always carry an intention to cause me death.

Council 2: Yes we can definitely help you. We extremely sorry for the things happened in your life.
Before moving forward, we would like to ask you a few questions.

Client: Yes ma’am you may.

Council 2: Did you suffer any mental torture from your husband?

Client: Yes, I do suffer and was hospitalized for a couple of weeks. Q

Council 1: Do you have wound certificate regarding the same?

Client: Yes, I do have the certificate from the hospital.

Council 2: Did you undergone any cruelty and bodily injury from the respondent and his family?

Client: Yes, I suffered a lot. He beat me unconditionally and made injuries to my several body parts.

Council 2: Did you believe that your husband intentionally try to kill you by making an accident?

Client: Yes, I strongly believe he intentionally try to kill me. Because before we met with an accident, we
got a phone call from the bus driver who hit us.

Council 1: Do you have a daughter? Please state the name.

Client: Arunima 4 years.

Council 2: Did her educational purposes and nutritional food habit were looked after by your husband?

Client: No he is least responsible toward me and our daughter.

Council 1: Then who is looking after your daughter?

Client: Still now my family is looking after all the responsibilities of me and my daughter.

PART 3: ADVOCATE DISCUSSION

Council 1: This case not only include domestic violence but also many other suits regarding the same.

Council 2: Yes, I do think so.

Council 1: We should provide proper justice to the lady who suffered in her marital life.

Council 1: So we need to go more into the case and file the sir at the earliest.

Council 2: That’s a good one.

Council 1: For the recovery of the dowry we can make an attachment before judgement under Order 38
Rule 5 of CPC.

LAWS INVOLVED:

1. Petitioner can file a suit in the magistrate court under the protection of Domestic Violence Act 2005
where from Section 12 to 22 provide certain relief to the petitioner. Section 21 also contains the custody
order of the child in the proviso. It clearly states that the magistrate shall not allow the respondent to
see the child if it make harmful to them.

2. Petitioner can file a suit under the Family Court under Section 13(1) (ia) (ib) of Hindu Marriage Act
1955 and Section 7 of Family Court Act will obtain to get a decree of divorce under the above stated
circumstances.

3. Petitioner can recover her dowry, for that attachment before judgement under Order 38 Rule 5 of CPC
under the Family Court or Civil Court.
4. The petitioner should give a petition to the police station under Section 498 A (husband or relative of
husband of a woman subjecting her to cruelty) included Section 307 attempt to murder. If they fail to
accept the petition, the petition along with the letter can be sent to the SP. If there is no good result
from them by Section 190 of CRPC, a private complaint can be filed before a magistrate.