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INTERNSHIP REPORT

(SEMESTER 1)

THE DISTRICT AND SESSION COURT, KOZHIKODE

SUBMITTED TO
GOVERNMENT LAW COLLEGE, KOZHIKODE

PREPARED AND SUBMITTED BY


HARIPRIYA T P
3 YEAR LLB
BATCH A
ROLL NO: 63
PREFACE
This report is an outcome of the two weeks summer internship program at the office of adv
P.V. Mohanlal. I have tried my best to do justice with my internship programmed.

Date of intern - 8/4/2021 Name and signature


Haripriya T P

ACKNOWLEDGMENT
At this corona period, I would like to thank God for his blessing and benevolently granting me
vigor and audacity to complete my internship successfully. I would like to thank Mr. P.V.
Mohanlal under whose guidance I have entered the practical world of the legal profession.
He has been, a mentor and has taught me all that I know about the practical aspects of civil
law today. I am also grateful to Ms. Anisha who have been a constant support and guide
during my internship. I am thankful to Mr. P. V. Mohanlal for making this internship both
educational enlightening and enjoyable at the same time, for helping me in exploring and
understanding in legal drafting preparation for cases.
INTRODUCTION

Internship fulfill an important component of both academic and practical education in law.
The integration of professional experience in to the learning process is highly effective in
developing the understanding of the law in actions, as you are able to observe and perceive
the relevance and application of theory to practice. Consequently, the program is not simply
‘work experience’ but a significant educational experience. In a workspace setting you will be
exposed to the reality of the practice of law, policy issues; the application and development
of skills to analysis and resolution of client concerns; ethical responses to situations which
arises unexpectedly and spontaneously; issues of professional responsibility including
responsibility to clients and cases management; and operation of the government and court
system in the legal process.

JURISDICTION AND COMPOSITION OF THE DISTRICT COURT


The District Court or Additional District court exercises jurisdiction both on original side and
appellate side in civil and criminal matters arising in the district. The territorial and pecuniary
jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil
courts. On the criminal side, jurisdiction is exclusively derived from the criminal procedure
code. As per this code the maximum sentence a district court may award to a convict is capital
punishment.
The district court has appellate jurisdiction over all subordinate courts situated in the district
on both civil and criminal matters. Subordinate courts, on the civil side (in ascending order)
are, Junior Civil Judge Court, Principal Junior Civil Judge Court, Senior Civil Judge Court (also
called sub-court). Subordinate courts, on the criminal side (in ascending order) are, Second
Class Judicial Magistrate Court, First Class Judicial Magistrate Court, Chief Judicial Magistrate
Court. Certain matters on criminal side or civil side cannot be tried by a lesser court than a
district court. This gives the District Court original jurisdiction in such matters.
The Family Court Act 1984 provides for the establishment of Family Courts with a view to
promote conciliation, and secure speedy redressal of disputes relating to marriage and family
affairs, and for matters connected with them. The Family Courts hear matters relating to
marriage, marital breakdown and the welfare of children. These courts are trial courts and
are presided over by Additional District Judges who undertake trials and review evidence.
The Family Courts follow the Civil Procedure Code. Family proceedings are generally public
but can be conducted in private at the request of the parties or if circumstances require.
Now the functioning of the Indian courts has been severely impacted following the outbreak
of the COVID-19 pandemic. The functioning of the courts had been restricted to matters
pertaining to urgent relief (although matters are now improving). Hearings are conducted
virtually (video conferencing) in most matters and deadlines; timescales have been extended.
The Supreme Court of India and the High Courts have adopted measures to reduce the
physical presence of lawyers, litigants, court staff, paralegals and representatives of the
electronic and print media.

A family Court exercises jurisdiction in relation to suits and proceedings of the following
nature, namely:
• a suit or proceeding between the parties to a marriage for decree of a nullity marriage
(declaring the marriage to be null and void or, as the case may be, annulling the
marriage); or restitution of conjugal rights or judicial separation or dissolution of
marriage;
• a suit or proceeding for a declaration as to the validity of a marriage or as to the
matrimonial status of any person;
• a suit or proceeding between the parties to a marriage with respect to the property of
the parties or of either of them;
• a suit or proceeding for an order or injunction in circumstances arising out of a marital
relationship;
• a suit or proceeding for a declaration as to the legitimacy of any person;
• a suit or proceeding for maintenance;
• a suit or proceeding in relation to the guardianship of the person or the custody of, or
access to, any minor.

STRUCTURE OF THE COURT ROOM


The court room is a hall consisting of a raised pavilion which has a podium for the Honorable
Judge with his steno and court typist sitting on either side on the same podium. On a pavilion
comparatively lower to that of the judge there is a witness box. The plaintiff and defended
counsel stand on the bench near typist. The typist types each and everything going on in the
court room. Steno records the orders of the honorable judge.
INTERNSHIP REPORT
(8th April to 21st April 2021)
As per our syllabus, I choose family court for my summer internship programme.
DAILY INTERNSHIP DUTIES-
1. I was assigned to read case files.
2. Learn how files are maintained.
3. I was assigned to observe the proceeding during the examination- in-chief, cross
examination and final arguments.
4. Office type organizational work- photocopying, organizing papers, keeping files in
order, organizing the desk
5. Interacting to various lawyers.

• Some cases that I have observed in my internship


Case regarding the Hindu Marriage Act,1955
Case: shyni v. Manoj kumar
Status: pending
Petitioner – shyni
Respondent - Manoj kumar
• In the present case, that the petitioner has instituted petition against respondent for
divorce.
• That the petitioner and respondent got wedded as per Hindu rites and customs on
06/12/2003 in Kozhikode, Kerala and from the said marriage wedlock one female child
born.
• The basic dispute between the parties were that, when the petitioner got job as an
accountant at Atholi grama panjayath.
• The respondent is a chronic alcoholic and violent person. Due to this petitioner suffer
lots of mental and physical cruelty from respondent. She alleged that the respondent
harassed her insufferably. Because of this child caused mental agony and fearfulness
to the respondent.
• After the dispute between parties, petitioner left to the parental home. Their child is
residing with the petitioner.
• The petitioner didn’t allow the respondent to see their daughter any manner. The
petitioner claimed that the respondent is a chronic alcoholic and due to this his
character is un predictable.
• The respondent became angrier towards petitioner after his singular life. Again,
respondent started harassment to petitioner at her office and at her parental home.
So, the petitioner approach Hon’ble court for getting divorce from respondent.
• The respondent strongly resists the divorce petition.
• The Court has recorded all the original as well as the necessary documents required to
be submitted.
• The Hon’ble court granted divorce on the ground of cruelty.
• Now the respondent appeals to the High court of Kerala, because respondent argue
that the judgement of family court, Kozhikode is biased.
• The matter is pending in the High Court and has been put forward for a hearing.

Case regarding the Maintenance and Domestic violence


Case: Amrutha raj v. Jithil. P
MC 46/2020
CMP 1558/2020
Status: Disposed
Petitioner – Amrutha raj
Respondent - Jithil. P
• In the present case, that the petitioner has instituted petition against respondent for
her maintenance.
• That the petitioner and respondent got wedded as per Hindu rites and customs on
22/04/2012 in Kozhikode, Kerala and from the said marriage wedlock three children is
born.
• That dispute between the parties arose because that the petitioner failed to pay
additional dowry to respondent and the respondent continued to harass the
petitioner.
• The basic dispute between the parties relates that the respondent ousted the
petitioner from the shared house. The respondent misappropriated 30 sovereign of
gold ornaments of the petitioner and also the household articles gifted by her parents.
• After the dispute between parties, petitioner left to the parental home with children
are residing with the petitioner.
• Respondent is not making any payment for the maintenance of the petitioner and their
children. Then she claimed rupees 13,000 per month for maintenance.
• The Hon’ble court moved the case to mediator.
• The matter was settled through mediation. The result of mediation both parties are
decided to live together and to continue their marital life. So, the matter was disposed
by the family court, Kozhikode.

DAILY REPORT
08th April 2021 – Briefing about district court, family court and its activities.
09th April 2021 – Decided to visit family court but judge is on training.so there is no sitting.
So, we went to POSCO court.
10th April 2021 – solving doubts in the visit of family court
11th April 2021 – Holiday
12th April 2021 – Visit the family court room
13th April 2021 – Opportunity to observe client counselling
14th April 2021 – holiday
15th April 2021 – office work and reading files
16th April 2021 – Visit the family court room
17th April 2021 – search for cases in the matters of family law
18th April 2021 – holiday
19th April 2021 – office work and reading files
20th April 2021 – Visit the family court room
21st April 2021 – Reading case related to maintenance.
22nd April 2021 – Opportunity to observe client counselling
23rd April 2021 – office work and reading files
24th April 2021 – solving doubts and discussing
CONCLUSION
The District Court in reality is different from the court generally shown in the Movies.
The job of a lawyer is only to assist a party in a suit regarding the proceedings and
appear before Judge on his behalf. Every lawyer maintains a court diary, which proved
handy and very useful as all the details of the case are entered in the diary with proper
date and its petition number. It proves to be useful, as respective cases are recorded
by the lawyer date wise and it saves time to think and search of the cases as per the
present date. During my internship. I learned to maintain the lawyer's diary.

Though 2 weeks was not sufficient but it was enough to learn about the basis. Basics
can be learned only in trial court. I have learned the basics of drafting. I really tried
hard to learn. It was adventurous for me as everything was unpredictable. clients come
with a new case, new situation, a new problem and which doesn't have any perfect
answer. I also experienced the expressions and thoughts of the Hon'ble Judges. When
they are in good mood, they will tell you how to do the things correctly but if not then
they will scold you for the simple mistakes you have done. About advocates I
experiences that it is not easy to work as an advocate, il requires a lot of dedication
and hard work.

In the office I try to learn the official work, filing Vakalat, Notary, etc. All these
documents are very important and an advocate must know how to fill them and use
them, I also learned that it is very important to be always reading cases and new
enactments, keep yourself always sound minded, and while dealing with a case read
the facts of the case very carefully.

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