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JAGRAN LAKECITY UNIVERSITY, BHOPALJLU FACULTY OF LAWINTERNSHIP REPORTTHE DISTRICT AND SESSIONS COURT OF VARANASI, UTTARPRADESHUNDER ADV. SOUMYA SINGHFROM 1ST JULY 2021 – 31 ST JULY 2021BYTANU JAISWAL3 RD SEMESTER,B., LL. B (HONS.)SUBMITTED ON 25TH AUGUST 2021TABLE OF CONTENTS INTERNSHIP CERTIFICATE ...

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JAGRAN LAKECITY UNIVERSITY, BHOPAL JLU FACULTY OF LAW

INTERNSHIP REPORT

THE DISTRICT AND SESSIONS COURT OF VARANASI, UTTAR PRADESH

UNDER ADV. SOUMYA SINGH FROM 1ST JULY 2021 – 31ST JULY 2021

BY TANU JAISWAL 3RD SEMESTER, B.A., LL. B (HONS.) SUBMITTED ON 25TH AUGUST 2021

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TABLE OF CONTENTS

INTERNSHIP CERTIFICATE ....................................................................................................... 3 ACKNOLEDGEMENT .................................................................................................................. 4 DECLARATION ............................................................................................................................ 5 EXECUTIVE SUMMARY ............................................................................................................ 6 LIST OF ACRONYMNS ............................................................................................................... 7 PROFESSIONAL PROFILE .......................................................................................................... 8 INTRODUCTION: THE DISTRICT COURT OF VARANASI ................................................... 9 HIERARCHY OF DISTRICT COURTS ..................................................................................... 10 DETAILS OF ASSIGNMENT ..................................................................................................... 11 INTERNSHIP DIARY.................................................................................................................. 18 CONCLUSION ............................................................................................................................. 24 LEARNING OUTCOME ............................................................................................................. 25 BIBLIOGRAPHY ......................................................................................................................... 26

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INTERNSHIP CERTIFICATE

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ACKNOLEDGEMENT At the outset, I would like to thank God for his blessings and benovently granting me vigor and audacity to complete my internship successfully. Before submitting my detailed Report, I find an opportunity to place on record my warm gratitude to Advocate Soumya Singh, at District and Sessions court, Varanasi, who encouraged me to perform my duty as an intern and it was a great chance for learning and professional development. I express my deepest thanks to Omkareshwar Pathak sir for his valuable guidance and advice to make my internship both theoretically and practically.

Tanu Jaiswal B.A. LL. B (Hons.) 3rd Semester

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DECLARATION I Tanu Jaiswal hereby declare to have undergone internship at District and Sessions Court, Varanasi under Adv. Soumya Singh from 1st July 2021 to 30th July 2021. I confirm that the Summer Internship Report entitled to me is my original work. I have not copied from any other student’s work or from any other sources except where due reference or acknowledgement is made explicitly in the text, nor has any part been written for me by another person.

- Tanu Jaiswal

- Date: 25/ 08/2021

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EXECUTIVE SUMMARY The document attached herein are the true copy of the certificate received in lieu of the work undertaken during my internship. During my internship, I got acquainted with different courts, record rooms, basic legal drafting, Hindi legal terms, court mannerism and the way to deal with clients. I also learnt how to find the status of your case from e-courts. The place of my internship was District and Sessions court of Varanasi. The report briefly consists of the introduction of the district court, hierarchy of courts at district level, the internship diary includes the daily activity undertaken and the work assigned to translate a judgement, clerical level jobs, learnt basic level drafting and the provisions of some acts that I was asked to go through. At last, in the conclusion and the learning outcome, all the overall gist of the internship experience and learning is summarized. This activity is immensely satisfying as I learned so many new things apart from theoretical knowledge. Therefore, the report carries the true and systematic procedure of work done during the internship.

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LIST OF ACRONYMNS 1. CrPC – The Code of Criminal Procedure, 2. I.P.C- Indian Penal Code, 1806 3. u/s- under section 4. HMA- Hindu Marriage Act, 1955 5. No.- Number 6. D.V.- Domestic Violence Act, 2005 7. NRI- Non-Residential Indian 8. C.J.M – Chief Judicial Magistrate 9. KYL- Know Your Litigant 10. D.P.O.- District Probation Office 11. ADM- Additional District Magistrate 12. PG- Post Graduate 13. v.- Versus 14. N.I.- Negotiable Instruments Act, 15. HC- High Court 16. SC- Supreme Court 17. A.P.- Andhra Pradesh 18. A.I.R – All India Report

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PROFESSIONAL PROFILE ADVOCATE SOUMYA SINGH



Practicing Lawyer since 2015.



Broadly practices in Criminal and Matrimonial Laws.



Completed her B.A. and subsequently her LL.B. from Mahatma Gandhi Kashi Vidyapeeth, Varanasi.



Has completed her P.G. Diploma in Criminal Justice and corrections from Indira Gandhi National Open University.



Have successfully handled NRI marriages, N.I. Act cases, Hindu, and Muslim Laws along with criminal cases.



Have gained rich experience to argue before District court and High court with special reference to criminal cases and successfully argued the petition of Habeas Corpus.

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INTRODUCTION: THE DISTRICT COURT OF VARANASI

The Judicial District of Varanasi is formed comprising whole district of Varanasi. The land of Varanasi (Kashi), a religious and cultural capital of India often referred to as Benares, is the oldest living city in the world and is said to be abode of Lord Shiva and Goddess Parvati. The history of Varanasi Judgeship can be taken from 1913 when the Civil Court was constructed across river Varuna. At that time Varanasi Judgeship was headed by District Judge. Civil Judge and Judge Small Causes Court were the other courts. In the year 1923 Munsif City and Munsif Hawali was established in Varanasi. Those Courts had territorial jurisdiction over entire Varanasi which included entire district. All the courts of Varanasi were under control of Allahabad High Court. The District Judge at that time had overall administrative control over civil and criminal matters.

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HIERARCHY OF DISTRICT COURTS The current district and sessions court judge is Om Prakash Tripathi. The district court of Varanasi has been divided under various heads: 

On civil side, in descending order 1. The district judge is the highest judicial officer in a district court. 2. Then, civil judge senior division. 3. Then, civil judge junior division.



On criminal side, in descending order 1. The Magistrate is the highest judicial officer in a sessions or criminal court. 2. Then, Senior division Magistrate i.e., Chief judicial magistrate. 3. Then, junior division Magistrate i.e., Judicial Magistrate.



There are also special judges i.e., Additional District Judge as per various laws they are equivalent to district judge for example Principal Judge, FTC judges, N.I. cases court judge.



On a first appeal against the order of a senior division and junior division judges lies in the court of District Judge.

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DETAILS OF ASSIGNMENT 1. Case no. 1: Mrs. Deepika V. Mr. Vinod Kumar1

 Brief of Case: This application was filed under section 12 of Domestic Violence Act, 2005. The plaintiff here was a housewife and the defendant was a working person at a factory in Mumbai. The defendant was earning monthly sum of Rs. 40,000, but didn’t provide any basic facility to her wife, rather he acted violently on her wife and beat her on every day, and he also abused her and the parents. The plaintiff even had 3 miscarriage due to which she became weak and the defendant left the plaintiff at her parent’s house and after she became all well, the defendant again took her and abused again both physically and mentally. Therefore, the plaintiff has demanded relief under section 18, 19, 20 and 22 of Protection of Women from Domestic Violence Act, 2005. During the journey of case I was asked to go through these sections and the basic procedure of how, where and who can file the application to seek the relief. 

Who can file the application? It can be filed U/s 12 of The Protection of Women from Domestic Violence Act, 2005, the wife on account of domestic violence can file an application either with the help of Protection Officer or any advocate.



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Where the relief is filed?

4341/2020

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The relief can be filed in the court of Judicial Magistrate- 1st class. (U/s 27 of the D.V. act defines the jurisdiction of the court.) 

What kinds of relief can be sought? The aggrieved lady can seek reliefs as U/s: Section 18: For Protection Officer Section 19: For Residence Section 20: For any Monetary Relief Section 21: For Custody (of any child if any) Section 22: For Compensation orders

2. Case no. 2: Mr. Pradeep Kumar Pathak V. Mrs. Preeti Pathak2  Brief of case:

The case is filed by the husband U/s 9 of HMA, 1955. They had two daughters, who currently were under the defendant’s custody. The issue arose when the husband started demanding Rs. 7 lakhs from the wife’s father. But the wife when denied it, the husband started abusing and sent her wife to the maternal place and told her to come back only when she brings 7 lakhs.

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371/2021

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But when she came back the husband started abusing and torturing her both physically and mentally and kicked she and children out of the house in lieu of the amount demanded not being fulfilled by the wife. Therefore, the wife filed the case for compensation of Rs. 45,000 in full and also Rs. 30,000 as cost of coming to court and case filing amount. During the journey of the case I was asked to go through: a) Section 9 of HMA, 1955- which talks about restitution of conjugal rights. b) Section 25 of HMA, 1955- which talks about permanent alimony and maintenance.



Landmark Judgement:

The constitutional validity of section 9 of HMA, 1955 is time and again challenged. The first case where the Andhra Pradesh HC, in T.Sareetha v. T. Venkatasubbaiah had held section 9 of HMA, 1955 as unconstitutional. Then, the SC in the case of Saroj Rani v. Sudharshan3 upheld the constitutional validity of the Section 9 of the HMA, 1955 and over-ruled the decision given in T. Sareetha v. T. Venkatasubbaiah4.



Learnt the intricacies of the sections:

I further came to know that the aggrieved party may apply for a petition at Family Court in District Court, for the restitution of conjugal rights. And the motive and benefit of filing the case U/s Section 9 of the HMA, 1955 is that it provides an opportunity to an aggrieved party to apply for maintenance under Section 25 of the HMA, 1955.

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A.I.R. 1984 S.C. 1562 (India). A.I.R. 1983 A.P. 356 (India).

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3. Judgement Translation:

Ms. Shruti Rai V. Mr. Prabhu Kartikeyan Rajsekara5 I was given the assignment to translate a judgement from Hindi to English as an assignment. At first instance, it was a tough task but eventually through help of internet and my knowledge, I was successful in translating the judgement. Even though there were one two minor mistakes, but after correction made by ma’am I was not only able to understand the case but also to understand new Hindi legal terms.

 Assignment: Principal Judge, Family Court, Varanasi. Presiding: - Ms. Rinku H.J.S Marriage Petition No. 459 / 2019 Shruti Rai Wife of Prabhu Kartikeyan Rajasekaran, Daughter of Sheo Shankar Rai resident of Plot No. 62 Kashi Enclave Akatha Road, Varanasi. -Petitioner / First Party V. Prabhu Kartikeyan Rajasekaran son of Rajasekaran resident of 9-1 Karur (M.) Rajaji Street Ward 16 Karur 639001 Tamil Nadu. -Opposition / Second Party U/s Section-13B Hindu Marriage Act

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459/2019

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JUDGEMENT Petitioners have submitted this petition under Section 13B of the Hindu Marriage Act for divorce by mutual consent. In brief, it has been stated in the petition by the parties that the marriage of the parties was done on the date -30.11.2016 from Kashi Enclave Akatha Varanasi as per Hindu theology and customs. After marriage, both the parties started their new married life by discharging the duties of husband and wife. The petitioner (i.e. Shruti Rai) is presently appointed as Marketing Manager in Technology Company London and the petitioner (i.e. Prabhu Kartikeyan Rajasekaran) is currently pursuing Ph.D. at the University of California. Both the parties went to their respective places of work after a week of their marriage. Both the parties do different work and their workplace is also in two countries. Due to which both the parties were not able to give time to one another and this became a cause of problems and disputes that started to arise between them. Their mutual coordination became difficult and there has also been a difference in the behavior of both the parties and, under any circumstances, both the parties are not willing to compromise. No child has been born to both the parties and both the parties are living separately since March 2017. The parties have neither dealt with any monetary transaction nor have entered into any contract in respect of any amount. No lawsuit is pending in any court between the parties and the parties shall not sue each other in future nor interfere in each other's life. The parties wish to annul the marriage by mutual consent. Therefore, the marriage relationship should be dissolved by mutual consent of the parties. Heard and reviewed the file. On behalf of the parties, this petition has been presented under section 13B of Hindu Marriage Act for divorce by mutual consent. The parties appeared in person in the court today. When I asked the parties a detailed query regarding the petition, then it was stated by the parties that it is not possible for them to live together as husband and wife and they have been living separately for more than one year and in between these they have not established any physical relation. Their marriage relationship should be dissolved with 15

mutual consent: In this regard, sworn statement of the parties has been recorded which is P.W.1 of the petitioner/first party i.e. Shruti Rai and D.W.1 of the opposition/second party i.e. Prabhu Kartikeyan Rajasekaran. In Petition no. 01 Shruti Rai in her sworn statement said that her marriage was completed on 30.11.2016 from her residence Kashi Enclave Akatha Road, Varanasi and just after 3 months of their marriage they started living separately due to the differences that arose between them. She further said that, they do not have any transaction left in relation to their marriage and both lead their lives differently. And asks that their marriage should be dissolved since there is no possibility of them living together either in present or future. Similar statement was also made by D.W.1 Prabhu Kartikeyan Rajasekaran in his oath statement and in addition to this he also supported the contentions laid by Petitioner no.1 in her statement. In this way, both the petitioners have supported their sworn statements in their petition and the parties have been living separately for more than one year and no physical relation has been established between them and there is no collusion between the parties. Therefore, the petition of the parties under Section 13B Hindu Marriage Act is acceptable and the marriage relationship of the parties is qualified to be dissolved by mutual consent. ORDER The petition of the parties filed under section 13B of Hindu Marriage Act, the marriage relationship is accepted to be dissolved by mutual consent and the marriage relationship of the petitioner/first party Shruti Rai and the opposition/ second party Prabhu Kartikeyan Rajasekaran has been severed. File filing office.

Date-04.04.2019

Therefore, after translating the judgement I got an opportunity to learn about section 13B of HMA, i.e. divorce on mutual consent. 

Conditions:

There are some conditions for Mutual divorce cases:16

a. The parties must be living separately since last 1 year (at least). b. There must be free consent of parties.



Jurisdiction:

The jurisdiction of the court can be determined by:a. Place of marriage. b. Last residence of parties. c. Residence of wife (Parental home). d. Residence of husband.

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INTERNSHIP DIARY DATE

ACTIVITY DONE

LEARNING

1st July, 2021

Formal Introduction about the works and Learnt basics of anticipatory ethics of an advocate and Learnt about

bail and consequently saw

Anticipatory Bail and Adultery.

ma’am suggesting his client to charge the wife for adultery.

2nd July, 2021

Read Case files, Vakalatnama and KYL Was assigned a case file and forms.

was asked to buy and go through vakalatnama along with KYL forms.

3rd July, 2021

Saturday off

4th July, 2021

Sunday off

5th July, 2021

Visited Family Court and observed Family Learnt the location of family Court

Proceedings

videoconferencing.

through court and saw how to file the case

through

video-

conferencing due to the pandemic 6th July, 2021

Read Section 125 CrPC and 498A of I.P.C. Got acquainted with the act of CrPC and IPC and got to know about the substantive and procedural laws practice in practical.

7th July, 2021

Studied section 376, 406 of I.P.C. and Gone through the provisions observed proceeding and filings at C.J.M.- of IPC and understood the 1st Class.

heinous crime i.e., rape is and criminal breach of trust.

8th July, 2021

Studied 190 of CrPC

Learnt

that

magistrate 18

how is

the

specially

empowered

to

take

the

cognizance of any offence. 9th July 2021

Studied section 281 of Mohameddan Law Learnt and enforcement of conjugal rights.

the

conjugal

meaning

rights

and

of its

enforcement. th

Saturday off

th

11 July, 2021

Sunday off

12th July, 2021

Understood

10 July, 2021

the

difference

between Learnt that how for judicial

Tasdeek and Notary

purpose,

the

oath

commissioner must attest it and for non-judicial purpose the Notary must attest it. Got acquainted

with

the

eligibility criteria to become the above two. th

13 July, 2021

Observed court proceedings in Family Observed how the judge at court, Purchased Legal Paper, ticket and

family court examined both

Vakalatnama.

the parties contesting for divorce and understood the difference between normal paper and legal paper and the ticket

that

is

decided

ac...