MAHARASHTRA NATIONAL LAW UNIVERSITY, AURANGABAD
INTERNSHIP REPORT 2019
(NOVEMBER- DECEMBER 2019)
SUBMITTED BY
NAME : Atulya Singh
ROLL NUMBER: 2017/BALLB/525
BA LLB YEAR: 3rd year
BATCH : 2017-2022
INDEX
[Link]. CONTENT
1. DECLARATION
2. ACKNOWLEDGEMENT
3. CERTIFICATE
4. INTRODUCTION
5. DAILY WORK LOG
6. CONCLUSION
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DECLARATION
This declaration is made that, this Internship Report is prepared and drafted by me, Atulya Singh
It contains the work that was assigned to me during my internship period, and successfully
accomplished from my side.
This report is a sincere attempt at compilation of the aforementioned work.
This has not been submitted, either in whole or in part, to any other Law University or affiliated
Institute under any University as recognized by the Bar Council of India, for the award of any
other law degree or diploma, within the territory of India.
Name:- Atulya Singh
Roll no:-2017/BALLB/52
ACKNOWLEDGEMENT
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I would first of all like to thank Adv. Bhagwan Das Rohilla under whose guidance I have entered
the practical world of the legal profession. He has been a guide, a mentor and has taught me all
that I know about the practical aspects of civil law today.
Also, I am thankful to Adv. Bhagwan Das Rohilla for making this internship both educational
enlightening and enjoyable at the same time.
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CERTIFICATE OF INTERNSHIP
(Photocopy to be attached)
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INTRODUCTION
Place of Internship : Hanumangarh junction
Duration : One Week
Name of Advocate : Bhagawan Das Rohilla
Bhagawan Das Rohilla is a full service lawyer with an extensive range of services in Litigation,
Family law and criminal law and many others. Their objective is to be a respectable practitioner
providing proficient, skilled and competent services, to perform with fair-mindedness, honesty
and persistence, to be socially responsible and to provide aid in socio-legal complexities and do
good for the society. They offers clients a constructive approach, keeping their best interests in
mind. They work closely with each client understanding the facts and the emotions behind the
case, before adopting a definitive approach. To best serve their clients and build and maintain
long-term relationships, they ensure: Timely and commercially viable solutions to complex
business and legal issues. An integrated and solution-oriented approach for every transaction
they sought Expert advice by a perfect blend of professionals (on the basis of seniority and
expertise) Indian work experience and Academy background; Best practices by investing in
latest technology could support in implementing the best knowledge management methods
available; Fair and diligent representations in Courts, Tribunals and settlements.
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I was assigned with the task of briefing a case before Mr. Bhagawan Das Rohilla The case was
related to dissolution of the marriage And also assigned the work of jotting down of Section 11,
Section12 and Section13 of THE HINDU MARRIAGE ACT, 1955.
Section 11 of THE HINDU MARRIAGE ACT, 1955:
11. Nullity of marriage and divorce- Void marriages.- Any marriage solemnized after the
commencement of this Act shall be null and void and may, on a petition presented by either party
thereto, against the other party be so declared by a decree of nullity if it contravenes any one of
the conditions specified in clauses (i), (iv) and (v), Section 5.
Section 12 of THE HINDU MARRIAGE ACT, 1955:
12. Voidable Marriages.-
(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be void0able
and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner
was required under Section 5 as it stood immediately before the commencement of the Child Marriage
Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to
the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may
be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or
wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is
satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement
of this Act within one year of such commencement and in the case of marriages solemnized after such
commencement within one year from the date of the marriage; and
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(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by
the petitioner of the existence of the said ground.
Section 13 of THE HINDU MARRIAGE ACT, 1955:
13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act, may,
on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the
ground that the other party-
(i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other
than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding
the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion ; or
(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from mental
disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with
the respondent.
Explanation- In this clause-
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind,
psychopathic disorder or any other disorder or disability of mind and include schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or
not including sub-normality of intelligence) which results in abnormally aggressive or seriously
irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to
medical treatment; or
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from veneral disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would
naturally have heard of it, had that party been alive;
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Explanation.- In this sub-section, the expression "desertion" means the desertion of the petitioner by the
other party to the marriage without reasonable cause and without the consent or against the wish of such
party, and includes the willful neglect of the petitioner by the other party to the marriage, and its
grammatical variations and cognate expression shall be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may
also present a petition for the dissolution of the marriage by a decree of divorce on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of
one year or upwards after the passing of a decree for judicial separation in a proceeding to which they
were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period
of one year or upward after the passing of a decree of restitution of conjugal rights in a proceeding to
which they were parties.
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the
ground-
(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had
married again before the commencement or that any other wife of the husband married before such
commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that
in either case the other wife is alive at the time of the presentation of the petition;
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or
bestiality; or
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, (78 of 1956), or in a
proceeding under Section 125 of the Code of Criminal Procedure, 1973, (Act 2 of 1974) or under
corresponding Section 488 of the Code of Criminal Procedure, (5 of 1898), a decree or order, as the case
may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she
was living apart and that since the passing of such decree or order, cohabitation between the parties has
not been resumed for one year or upwards;or
(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of
fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of
eighteen years.
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Explanation.- This clause applies whether the marriage was solemnized before or after the
commencement of the Marriage Law (Amendment) Act, 1976.
13-A. Alternate Relief in Divorce Proceedings.- If any proceeding under this Act, on a petition for
dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds
mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of Section 13, the court may, if it considers it
just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.
13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of
marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage
together, whether such marriage was solemnized before or after the commencement of the Marriage Laws
(Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or
more, that they have not been able to live together and that they have mutually agreed that the marriage
should be dissolved.
(2) On the motion of both the parties made earlier than six months after the date of the presentation of the
petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition
is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after
making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the
petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date
of the decree.
Finding of Case law
The very next task which was assigned to me is to find case law in which Hon’ble Supreme
Court of India had waived off cooling off period before granting divorce.
In case of Amardeep Singh Versus Harveen Kaur
Hon’ble Supreme Court held that if the Court dealing with a matter is satisfied that a case is
made out to waive the statutory period under Section 13B(2), it can do so after considering the
following :
i) the statutory period of six months specified in Section 13B(2), in addition to the statutory
period of one year under Section 13B(1) of separation of parties is already over before the first
motion itself;
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ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3
CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have
failed and there is no likelihood of success in that direction by any further efforts;
iii) the parties have genuinely settled their differences including alimony, custody of child or any
other pending issues between the parties;
iv) the waiting period will only prolong their agony.
Court’s Visit
One of my duties to accompany my supervisor to court we went to the Hanumangarh District
Court however the matter was adjourned in those proceedings since the defendants had just hired
a new lawyer who had not acquainted themselves with the facts of the case.
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CONCLUSION
In conclusion the internship program has been very enlightening to be I have managed to
learn. This internship taught me the nuances of the law and working in the office of a
lawyer,
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