NAME: -Vaibhav Kumar Garg

B.A.,LL.B (H) SECTION- D

SEMESTER- 8

ROLL NUMBER-4069

ENROLLMENT NUMBER-A11911114069

WEEKLY PROGRESS REPORT (21/05/18 – 27/05/18)

Day 1 (21st May)

When I started my internship there was a formal introduction with all the associates and other
interns. After that Sahil Sir asked me about my field of interest. On the very first day of
internship, I attended the cases in Saket District Court and Delhi High court and prepared notes
for the same and carried out extensive research work related to operation and mismanagement of
company if additional shares are issued without following the procedure.

CAUSE LIST:

S. No. COURT PARTICULARS

FOR COMPLETION OF PLEADINGS

1 HC Amit v. UOI
2 ADJ State v. Mohd. Faizan

Day 2 (22nd May)

On Second day of internship I attended the Tis Hazari and Saket District Court Proceedings and
prepared notes for the same. After the proceedings I was told to go to the office and research on
operation and mismanagement of company if additional shares are issued without following the
procedure.

CAUSE LIST:

S. No. COURT PARTICULARS

FOR COMPLETION OF PLEADINGS

1 ASJ Vandana v. HR Timber
 2 ADJ Satender v. Sandhya

Day 3 (23rd May)

On Third Day of my Internship I attended the Supreme Court Proceedings of the Vacation Bench
and prepared notes for the same. After the proceedings I was told to go to the office and research
on the Supreme Court judgement on the waiting Period in the case of mutual consent Divorce.

Waiting period of six months in mutual consent divorce under Sec.13-B (1) of Hindu
Marriage Act 1955 waive off by Supreme Court.

Nikhil Kumar v. Rupali Kumar

Judgement:

1. Leave granted.
2. The appellant and respondent have filed the petition under Section 13- B(1) of the Hindu
Marriage Act, 1955 before the Family Court (Principal Judge, Family Court, Tiz Hazari
District Courts), Delhi. The parties were married on 07.02.2011 according to the
customary rights. It is submitted that they have not been able to work out their marriage
as husband and wife since day one. For the last around five years, most of the time they
have been living separately and their marriage reached a breaking point more than a year
back. Both the parties, after giving serious thought on the entire consequences of their
decision, have taken a conscious decision to part and accordingly they have filed a
petition before the Family Court for divorce on mutual consent on 29.03.2016. The
Family Court granted the First Motion on 01.04.2016 and now, the matter is posted in the
month of October, 2016.
3. The respondent has made a travel plan to move to New York on 29.04.2016 seeking a job
and resettlement in life, after a long period of traumatic experiences of her married life as
stated in the affidavit.
4. In the above circumstances, the appellant has filed the present appeal praying for waving
the six months’ waiting period required under Section 13-B(2) of the Hindu Marriage
Act, 1955, invoking our jurisdiction under Article 136 read with Article 142 of the
Constitution of India.
5. The respondent has appeared in person. She was directed to file an affidavit before this
Court. The respondent in the affidavit has endorsed the submission that they were not
happy ever since their marriage in 2011. It is stated that with the set-back of a broken
marriage, the respondent needs a change in environment and thus, she has proposed to
move to New York and it would be difficult for her to get back to India after six months
or even in the near future. It is further stated that both of them have realized the
 consequences of their decision and they have taken the decision out of their free will and
without any undue influence or coercion.
6. Both the parties have appeared before the Court. The appellant was born in the year 1984,
and is graduate in commerce. He is working as senior manager in a private firm. The
respondent was born in the year 1982 and she also is a graduate.
7. The respondent is scheduled to leave the country by 29.04.2016 and it is not possible for
her to return to India within six months or in the near future, it is submitted.
8. Having regard to the educational background of the appellant as well as the respondent,
and the entire facts and circumstances, we feel that it is a very peculiar situation where
this Court should invoke its jurisdiction under Article 142 of the Constitution of India for
doing complete justice between the parties. We do so.
9. In the above circumstances, HMA No.272 of 2016 filed on 29.03.2016 before the Ld.
Principal Judge, Family Courts, Tiz Hazari District Courts, Delhi under Section 13-B(1)
of the Hindu Marriage Act, 1955 is allowed. The statutory period of six months is waived
and the marriage between the parties is dissolved.
10. The Registry to communicate a copy of this judgment to the Family Court forthwith.
11. The appeal is allowed as above. No order as to costs.

Day 4 (24th May)

On Fourth Day of my Internship I attended the Delhi High Court Proceeding and Prepared notes
for the same.

CAUSE LIST:

S. No. COURT PARTICULARS

FOR COMPLETION OF PLEADINGS

1 HC Amit v. Anita
2 HC Lalita Kapur v. Vinod

Day 5 (25th May)

On Fifth Day of Internship I attended the Supreme Court proceedings of the Vacation Bench.
After the proceedings I was told to go to the office and research in the matter of the next day
proceedings of State v. Mohd.faizan.

Day 6 (26st May)

On Sixth Day of my Internship I attended the Saket District Court Proceeding in the matter of
State v. Mohd. Faizan and prepared notes and took out the daily order for the same. In this case
we are from the complaint side and the husband murdered his wife for dowry. After the
proceedings I was told to go to the office and was given research work to gather information in
the form of (FAQs) frequently asked question on FIR- its procedure and the rights and duties of
the person who has witnessed a crime.

S.154 of CrPC gives answer to most of the questions. The Process which has to be followed and
the remedies available with the person whose FIR is not been lodge by the offices in-charge.
Court Rule was defined U/S 156(3) r/w S.190 CrPC.