ASSIGNMENTS

NAME- Soumili Gupta

COLLEGE- NMIMS Navi Mumbai

YEAR- 2nd year, B.A. LLB

 ASSIGNMENT 1

The video titled “Empowering Young Lawyer” focuses on the perspective of law students
towards the judiciary and this profession, which is beautifully explained by our Sir, Advocate
Dr. P.V. Saravanaraja.

Sir explains that each and every law student can have their own perspective towards their
profession. Sir provides an opinion that every law student is the future custodian of the Indian
custodian.

In pre-British India, the word of the kings was the final word. After independence the Indian
Constitution became the supreme law of the land. Today, the entire country functions within
the ambit of the Indian Constitution. All the three organs of the government; legislature,
executive and judiciary have their powers from the Constitution. The Supreme Court is given
the great responsibility of being the ultimate custodian of the Constitution.

This raises the question, why are people approaching the Supreme Court in the first place.
The main reason is because of the honorable judges who are governing the Supreme Court.
These are persons of intellect, integrity, divinity, in form of law in order to render justice.

Their words hold the power to change the life of person. Their words through the judgments
are the law of the land as it binds all the courts. They are also develop a particular field of law
which we particularly saw in the Vishakha v. State of Rajasthan.

However, these judges at their beginning were simple law students.

Other than this, the greatness of the legal profession is further enhanced by all the all the
freedom fighters who fought for our land. Mahatma Gandhi, Jawaharlal Nehru, Sardar
Vallabhai Patel, Rajendra Prasad were all lawyers.

ASSIGNMENT 2

4DS LAW AND LIFE

The video titled “4DS Law and Life” focuses on the the similarity of approach in law and in
life and how certain lessons can be essential for both, which is beautifully explained by our
Sir, Advocate Dr. P.V. Saravanaraja.
He explained that once the heart begins to beat in the mother's womb, life begins, and there
are laws in place to protect the foetus from discrimination or late abortion. He goes on to say
that without law, we are nothing more than animals, whereas with law, we have a dignified
existence. He had further elaborated on the 4D’s, which are as follows –

a. Divinity – He has emphasised the importance of having faith in oneself in this

passage. This means that instead of feeling superior or having an inferiority complex,
we should believe that we are unique in the world.
b. Destination – This means that we should always have a goal in mind. This is primarily
due to the fact that we cannot plan for our future if we have not established a goal.
One must keep their eyes fixed on their goal and work hard to arrive at their
destination.
c. Discipline – He has stated that this is the most crucial of the four Ds. He went on to
explain the complexity of the human mind as well as the difference between man and
monkey.
d. Devotion – Devotion is profound dedication. He used the examples of various leaders
to demonstrate the level of dedication required to achieve greatness in life.

He also stated that success is highly subjective and varies from person to person. He
exemplified this by citing Abraham Lincoln, who never gave up on his dreams and worked
hard to achieve success in life.

ASSIGNMENT 3

The video titled “Is Timely Justice, the Heart and Soul of the Constitution?” focuses on this
particular question which is beautifully explained by our Sir, Advocate Dr. P.V.
Saravanaraja.

In order to understand what is essentially meant when we say “justice” under the Indian
constitution, the reference is taken from the Preamble, according to which justice can be
political, economic and social. Even in the landmark judgement of Keshavananda Bharti v.
State of Kerala, the Supreme Court was of the view that the Parliament can indeed amend the
Indian constitution, by the virtue of Article 368, but without disrupting the basic structure of
the constitution, which is not defined per se, but usually taken to mean the objectives of the
Preamble.
Further, Article 14 and 21 are explained, and their significance in attaining a timely justice
along with an understanding of Article 132, its utmost importance and the immense power
granted to the Supreme Court through Article 142.

I personally had several key takeaways from this video.

First, was the fact that most cases in our country often do not receive timely justice, this was
also showcased by the case Hussainara Khatton & Ors, vs. Home Secretary, State of Bihar,
where the most of the people languished in the jail for years beyond, what would have been if
they were convicted. Justice in this case cam extremely delayed and could have hardly been
called justice.

Second, incorporation of “right to speedy trail” under Article 21, elevates the importance to a
speedy trail and speedy justice so that the victims can be relieved. Moreover, any innocent
person or people who are awaiting trial do not spend years in prison, more than they should
have been entitled, if they were convicted in the first place. This goes against the liberty of a
person and is the opposite of justice as enshrined in our constitution.

Third, when Article 132 is regarded as the “heart and soul of the constitution” it is completely
right in doing so. All of the provisions mentioned in the video goes grant and guarantee us
with a variety of rights. However, it is only Article 132, which provides us with the right to
remedy in case our other rights are violated, which in this case is the right to speedy trial.

Lastly, Article 142, focuses on the the immense power given to the apex court for a
“complete justice” which also includes a justice on time.

ASSIGNMENT 4

In this video, Dr. P. V. Saravanarajan paid a tribute to Bharat Ratna awardee Dr. Maruthur
Gopala Ramachandran, a veteran of the film industry as well as the Former Chief Minister of
Tamil Nadu. The essence of vision of Dr. M.G.R. was given during the orientation
programme of the law students at NMIMS School of Law, Navi Mumbai. Dr. M.G.R.
believed that the film industry has more potential than entertainment, rather it can be used as
an effective medium to educate the people at large, to inculcate good habits among the
countrymen, to educate and to bring knowledge to the public. Millions of Indians were
inspired by the roles he chose and the dialogues he brought to the silver screen, with each
appearance educating and motivating them. The lyrics in one of these songs, which featured
Dr. M.G.R., were thoughtful and relevant to today's youth. "In the fertile land of school,
education must be sown as a seed, and children must be reformed and moulded as great
leaders," it went on to say.

Sir gave a detailed account of India's independence and legal system while speaking to the
students. The legal profession was represented by the sons of the soil who became prominent
leaders of the nation, namely Mahatma Gandhi, Pandit Jawaharlal Nehru, Sardar Vallabhbhai
Patel, Dr. C. Rajagopalachari, Dr. B. R. Ambedkar, Dr. Rajendra Prasad, and Mr. Ram Nath
Kovind. Following independence, the Indian Independence Act of 1947 transferred power
from the British to India, as well as the authority to form the Constituent Assembly to draught
the Indian Constitution. He stated that the best provisions from all of the world's constitutions
were incorporated into the one-of-a-kind Indian Constitution, which caters to a diverse range
of people, religions, languages, cultures, and traditions from various regions.

India's objectives are stated in the Preamble. The Indian Constitution was given to the
Supreme Court to be its custodian after it was drafted. I realised that even India's most
powerful law ministers and presidents were once law students, and that they, too, had to start
from the bottom in order to rise to the top and inspire future generations. We can become the
future custodians of the Indian Constitution in this way. As a result, we must concentrate on
our academic careers and put our best foot forward, because participation is essential
regardless of the outcome.

It is critical to be obedient to our teachers in order to excel in this honourable profession, as

we would not have lawyers if there were no teachers. Second, during these five years of
preparation, we must remain focused on our subjects and learn as much as possible. Finally,
we must secure internships with advocates who can put the theory we learned in college into
practise. Finally, we must take advantage of all available opportunities to become advocates
and educate ourselves in order to carry out Dr. M.G.R.'s vision.

ASSIGNMENT 5

Watching the movie, “Tulsidas” and giving written feedback about what are the best 5
qualities that you are going to imbibe from this movie.

1. Perseverance: Tulsidas always was not the great poet. In fact he had hardly been
educated until a certain age. However, when he got the chance, he hardly slacked off.
In fact no matter what work he was given, he did it with the same diligence.
 2. Equality: Tulsidas was a Brahmin by birth. However, he accepted food from all
castes, and didn’t differentiate. To him, Sanskrit was truly a great language but it was
more important for everyone, of all castes to understand Ramayan and various
Shashtras.
3. Stay true to your cause: Post marriage, Tulsidas had lost his original purpose in life,
that is, search and devotion for Lord Ram. It had caused problems in his married life
and also interrupted his devotional path. However, much struggle for days at end, he
was finally able to meet his Lord.
4. Don’t feel yourself to be superior to everyone: Ravi Dutt thought himself superior
than Tulsidas and also his own Acharya. It was this superiority that had almost cost
him his life and had made him go on the wrong.
5. Simplicity: Tulsidas had attained great fame from everywhere. However, it was his
simplicity that made him so humbled. He could have strayed from his path and taken
advantage and steer wealth and opportunity his way. However, he didn’t do that, but
remained true to his Lord.

ASSIGNMENT 6

What do you mean by an Advocate on record?

‘Advocate on Record’ is an advocate who has cleared the AOR exam and is entitled under the
Order IV of the Supreme Court Rules, 2013, framed under Article 145 of the Constitution to
act, as well as to plead for a party in the Supreme Court of India.

For appointment of Advocates on Record, Supreme Court of India has issued rule 2, 4 and 6
of Supreme Court Rules 1966.

As per the rules also, no advocate other than an advocate on record shall be entitled to file an
appearance or act for any party in the Supreme Court of India. No advocate other than an
advocate on record can appear and plead in any matter unless he is instructed by an advocate
on record. An advocate can be registered as an advocate on record if he qualifies the
requirements as laid down by the Supreme Court in the Supreme Court of India Rules, 1966.

Eligibility criteria
If an advocate wants to practice as an advocate-on-record in the Supreme Court he or she
needs the following qualification:

1. The advocate must have a practice for five years as an advocate.

2. And thereafter has to intimate to the Supreme Court that, he or she has started taking
training with a Senior Advocate on the record because he or she intends to become an
Advocate-on-record.
3. After the expiry of one year’s training, the advocate has to appear for an examination
conducted by the Supreme Court itself.
4. After an advocate passes this examination, he or she must have a registered office
within a radius of 10 miles from the Supreme Court building and a registered clerk. It
is after this that the Chamber Judge of the Supreme Court accepts him as an advocate-
on-record.

Significance of AOR Examination

Practicing at the top court of law requires expertise. Therefore, having a concrete standard of
court craft and litigation practice is a must. This standard is ensured by the Advocate on
Record Examination. Taking the AOR exam and conquering it is not an easy task.

Passing criteria and format of exam

1. It’s a 3 hr. exam and is held in-between the month of May and June.
2. The exam held for four days for four different papers.
3. The whole exam consists of a total of 100 marks and a total of 27 question divided
into four papers.

The passing criteria for the exam are 50% for each subject and a combined aggregate of 60%
in all the subjects.

There are four set of paper of four different subjects namely,

1. Practice and procedure of Supreme Court – This includes

• Learning important provisions of the constitution of India relating to jurisdiction of

the court.
 • Supreme Court Rules and provisions of Civil Procedure Code, Limitation Act and the
General Principles of court fees Act.

2. Drafting – This includes,

• Petitions for Special Leave and Statements of Cases, etc.

• Decrees, Orders, and Writs, etc.
• Syllabus includes petitions of appeal, plaint and written statement in a suit under
Article 131 of the Constitution of India; review petitions under Article 137 of the
Constitution of India; transfer petitions u/s 25 of the Civil Procedure Code; Article
139 of the Constitution of India and Section 406 of the Criminal Procedure Code,
1973; contempt petitions under Article 129 of the Constitution of India, interlocutory
applications including criminal miscellaneous petitions for bail, condonation of delay,
exemption from surrender, applications for revocation of special leave, etc.

3. Advocate and Professional ethics – This includes,

• The Advocates Act and Cases reported under the Advocates Act, particularly
disciplinary proceedings.
• Cases relating to the Contempt of Court involving Advocates
• The Bar Council of India Rules.
• The Supreme Court Rules, 2013.

4. Leading cases

This includes all the cases as notified by the exam department. The list of the cases as
according to exam of 2017 can be found here

Study materials

In its official site, the Supreme Court has also provided the study materials.

Result of the exam

For result relating information, Regulation 11(i) & 11(ii) are reproduced:-
Regulation 11(i): “A candidate, who fails to obtain 50 per cent in one paper only but obtains
40 per cent in that paper and also obtains 60 per cent in the aggregate in the remaining
papers, shall be allowed to appear in that paper at anyone subsequent examination on
payment of the full examination fee and he shall be declared to have passed the Advocates-
on-Record Examination if he obtains 50 per cent marks in the paper in which he has so
reappeared and the marks so obtained in the paper he has reappeared taken with the marks
obtained in the remaining papers at the earlier examination are 60 percent of the aggregate
marks in all the papers.

Regulation 11 (ii): “A candidate who passes in all the papers at any single examination but
fails to obtain 60 percent of the marks in the aggregate may, on payment of the full
examination fee, appear at anyone subsequent examination in one of the papers only and shall
be declared to have passed the Advocates-on-Record Examination if the marks obtained by
him at the subsequent examination taken with the marks obtained in the remaining papers at
the earlier examination are 60 percent of the aggregate marks in all the papers. The option
will have to be exercised by the candidate at the time of filing of a proforma application for
appearing in the subsequent examination and the option once exercised shall be binding on
the candidate.

The Candidates are informed that in ensuring examination those who are given roll number
and who absent themselves in examination without assigning sufficient reasons in writing to
the secretary will be treated as not sufficiently prepared and will be dealing with under
regulation 5(b) without giving further opportunity, and time may be prescribed within which
they shall not present themselves again for examination except with prior permission of the
chairman of board of Examiners.

Bar on reappearing for the AOR exam – Regulation 5 (b)

5(b) “If the committee on the recommendation of the Board of Examiners is of the opinion
that a candidate has not sufficiently prepared himself for the examination they may prescribe
a time within which he shall not present himself again for examination.

The candidates are further informed that as per registration 11 (iii) of the Regulations
regarding Advocates-On-Record, a candidate, who fails in all the papers of the examinations,
shall not be permitted to appear in the next examination.
The candidates are further informed that as per Regulations 11 (iv) of the Regulations
regarding Advocates-On-Record Examination, a candidate shall not be allowed more than
five chances to appear at the examination. Appearance even in any one of the papers in an
examination shall be deemed to be a chance.

It’s true that every year the questions paper gets difficult and lengthy, and according to a
source, the passing criteria have also increased. There are various views on the AOR exam,
and on many interviews, it is found that some find it difficult while others find it lengthy
though, it’s their own perspective.

ASSIGNMENT 7

Preamble
The Preamble is a very essential part of our Constitution. It is the preface the Constitution.

As it begins “We the people of India”, it is the source of all authority. This testifies to the fact
that the people are the ultimate source of authority. It also refers to the five cardinal features
of India as a state. It declares India to be a Sovereign, Socialist, Secular, Democratic,
Republic.

Sovereign essentially means that India is no longer a dependency or colony or possession of

the British Crown. The term socialist was added in the Preamble in 1976, and means
democratic socialism, that is achieving socialist end through democratic means. Secular, in
the Indian context, does not mean India does not recognize religion. It instead means the
Indian state has no religion, and gives equal priority to all religions. Democratic means that,
the authority of the government rests upon the sovereignty of the people. Finally, Republic
means that India is not ruled by a monarch or a nominated state of head. It also means India
has an elected head of state who wields power for a fixed term.

There are also the four basic objectives of the state: justice, liberty, equality and fraternity.

Justice means to secure justice-social, economic and political, for all the citizens. Social
means absence of a socially privileges class and absence of any discrimination against any
citizen on grounds of caste, creed, colour, religion, sex or place of birth. Economic means no
discrimination between a man and a woman on the basis of income, wealth or economic
values. Political means justice is free, equal and fair opportunities for all the people in the
political process.

Liberty is the second main objective. The Preamble lists liberty of thought, expression, belief,
faith and worship. Liberty is the vital necessity for the fullest development of mind of the
individual.

Equality can be described in two terms: i) Equality of status i.e. natural equality of all persons
as equal and free citizens of India enjoying equality before law. ii) Equality of opportunity
i.e. adequate opportunities for all to develop.

Fraternity is a feeling of spiritual and psychological unity.

ASSIGNMENT 8

Facts of the case:

Accused of stealing a Ram Murthy from a Mandir, a young lad, who was abandoned by his
parents, and called Ram Bhola, is taken in by compassionate Guru Narhari Das. He is
enrolled in his ashram in the village of Soru and is instructed to water the Tulsi plants.
Initially, the other students call him Anami, but later he is re-named Tulsidas. He grows up
under the care of his Guru and makes himself knowledgeable with scripts from the Holy
Ramayan and recites them publicly. Dinbandhu Pathak of Badiya Village is impressed with
his recitals and decide to get him married to his daughter, Ratnavali, much to the displeasure
of Tulsidas' colleague, Ravi Datt Sharma. The marriage does take place and Tulsidas looks
after a shop that was given as a dowry, and the couple continue to lead a harmonious life.
Their idyllic life will soon be shattered when Ratnavali decides to visit her ailing father and a
love-lorn Tulsidas breaks into their house as he cannot live without her. It is this unauthorized
entry that will result in changing the couple's life forever.

Thereafter Ratnavali berates Tulsidas for his mortal love for her, but ignorance of his greater
devotion of Lord Ram. Thereafter, Tulsidas begins his long search for his lord. His devotion
bore fruit, and he finds Hanuman, the great disciple of Lord Ram, and soon get a glimpse of
Lord Ram. He soon begins to write his famous Ramcharitmanas, in simple language and
became the famous poet.

Grounds:
 1. Tulsidas was discriminated against and denied equality for his lowly status by
members of the society.

2. He was subjected to trespass by Ravi Dutt’s associates, and also attempted stealing of
his manuscripts.

3. He was attempted to be killed by Ravi Dutt and his associates by putting his home on
fire.

Prayers:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

(i) To hold Ravi Dutt and his associates responsible for attempted murder and
criminal trespass along with attempted stealing.
(ii) to pass such other orders and further orders as may be deemed necessary on the
facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS INDUTY BOUND,

EVER PRAY.

ASSIGNMENT 9
Facts of the case

Kali is an uppercaste but naive and dim-witted Brahman and lives with his stepmother and
her son. He has fallen in love with Pushpavali who is of a low caste. Kali's mother frowns on
this and on the next small pretext throw him out of the house. The villagers do not show any
sympathy for Kali. Kali and Pushpavali decide to leave the village. Princess Vidyotma hears
Pushpavali singing and invites her to the palace to be her maid. Vidyotma is not married and
will only marry a man more intelligent than her. She has humiliated and defeated many men,
and no man seems to even match wits with her. A sage decides to bring her arrogance to an
end, and he asks the naive Kali to accompany him to see the Princess, Kali does so, and
through the Sage's help defeats the Princess. The Princess marries Kali and is aghast to find
that he is illiterate, and dim-witted and throws him away from the palace. Kali gets
humiliated by the princess, and he decides to educate himself and is supported from
Pushpavalli who vows to support Kalidas until the Princess comes back to him.

Kalidas revisits the Acharya’s ashram and stays their studying and gaining knowledge.
Finally after days of struggle, he accomplishes by transpiring into a wonderful poet, now
called as Kavi Kalidas. He becomes famous and is envied by members of the ashram
especially Shivnath.

By this time, Priincess Indumati has realized her mistake and yearns to have Kavi back,
wthout any success. Kavi gains much fame and becomes the court poet in King
Vikramaditya’s court. Soon the King’s daughter is smitten by Kavi and tries to woo him
despite his unwillingness. This is seen by the King is a particular incident and he imprisons
Kavi.

However, soon from his daughter, he comes to know that it is she who was the real culprit,
not Kalidas.

Grounds

1. Kalidas was rejected by his wife, Princess Indumati and not granted any conjugal
rights which a husband is entitled to until years later.
2. Kalidas was also ambushed by the Princess, who in seeking her own interest in him,
led him to be wrongfully punished.
3. Kalidas was also wrongfully punished by King Vikramaditya who did not assure him
a fair trial in order to ensure justice.

Prayers

In the above premises, it is prayed that this Hon'ble Court may be pleased:

(iii) Compensate Kavi Kalidas for the wrongful punishment from King Vikramaditya.
(iv) To rightfully hold King Vikramaditya’s daughter, the Princess, liable for her
actions against Kavi Kalidas
(v) to pass such other orders and further orders as may be deemed necessary on the
facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS INDUTY BOUND,

EVER PRAY.

ASSIGNMENT 10
A. LEGAL DRAFTING
Facts of the case:
Written report was lodged by complainant Raj Lalan Singh of Village Goorha Kalan at 8.45

PM on April, 25, 1982 in Police Station Kalinjar with the allegations that yesterday accused

Bhujwal Singh and Raja Bhaiya Singh had gone to pluck fruits from his mango trees, but

their attempt was foiled by Shiv Mohan Singh alias Dadu keeping them from causing

unnecessary loss to unripe fruits. Though, the aforesaid accused had exchanged hot words

with Shiv Mohan Singh, but the complainant had sidetracked the issued by cooling him

down. Today again the aforesaid accused tried to pluck mango fruits at 3 P.M. and exchanged

filthy words with Shiv Mohan Singh. For this reason at about 6 P.M. accused Ram Manohar

Singh and Ram Khilawan Singh equipped with their licensed guns, Bhujwal Singh with a

lathi and Raja Bhaiya Singh with a spear came to the house of the complainant and

challenged him to come out. The complainant tried to put them to reasons for their showering

abuses and riding high to assault him in spite of being at fault. The accused may, if they so

desire, settles the issues only after putting their guns away. While filthy abuses were being

bartered, the witnesses Ram Prasad, Garda, Chandrapal Singh, Anurudh Singh, Bhagirathi

and a few other assembled and forbade them for waging the war of words. But accused Ram

Manohar Singh and Bhujwal Singh from the front of the small door and Ram Khilawan Singh

and Raja Bhaiya Singh from the corner of the fallen wall of the house of complainant

rounded up him and the member of his family. Accused Ram Manohar Singh Opened fire

injuring and instantly killing Shiv Mohan Singh Alias Dadu a little away the small door

inside the inner courtyard and Ram Khilawan Singh wounded his brother Rajendra Singh and

daughter Rani Devi by discharging from his gun. On being challenged by the complainant

and the witnesses the accused fled away posing threat to exterminate the entire family.

Accused Ram Manohar Singh is an absconder from military and has established a league with

bad characters of the area. The complainant feared lest the dead body of Shiv Mohan should
be removed, therefore, he sent the same in the company of this injured daughter, brother and

a few villagers to Naraini hospital before going to the police station to lodge the report.

Grounds:
1. Grounds for the bail of Ram Manohar Singh
a. The age for Ram Manohar Singh- Given that the case actually first started 1982,
when Ram Manohar Singh was 45 years old. Currently, he is 82, and riddled with
old age problems.
b. Ram Manohar Singh is currently not a threat to any of the witnesses or evidence
pertaining to the case, and hence can be liable to be given a bail.
c. As he has been accused in 1982, and arrested soon after that, he has been in jail
for more than 30 years currently. As, it has been more than 20 years, the accused
can be given a chance at bail.
2. Grounds for acquittal
a. Prior to the incident, there was a heated argument between both the parties and
there has been a history of differences among the parties. Thus, this incident could
as well have been on grave provocation due to the “war of words” and accusations
between both the parties.
b. The accused was not the only person who carried firearms. As, the incident had
been followed by a commotion, and confusion, it could very well have been from
someone else’s firearm.

ASSIGNMENT 11
Q1. Where should an interim custody of the child u/s.26 of Hindu Marriage Act (who lives
with the mother) be filed when the husband is in Andhra Pradesh and wife is in Karnataka?
Either in Karnataka or in Andhra Pradesh.

Ans. A petition for child custody or declaration regarding appointment of natural or legal
guardian of a minor begins with the spouse seeking child custody filing a petition for Interim
or Temporary custody as well as Visitation Rights. Child custody cases are filed in the family
court/competent court where the minor child ordinarily resides. So, in this case, the father
will seek interim custody in Karnataka, where the minor child resides. As a result, the family
court or the relevant competent court shall have exclusive jurisdiction over child custody to
the exclusion of all other courts.
Q2. According to the Hindu Marriage Act, a divorce petition can be filed after 2 years from
the date of marriage.

Facts: According to the husband, the divorce petition was filed before the term of 2 years.
Therefore, he challenges the maintainability of the divorce petition filed?

Can he seek relief in the divorce petition where the maintainability has been challenged;
when will it be decided, before the trial or after the trial (i.e., at the time of delivery if the
judgement.)

A divorce by mutual consent can last anywhere from six to 18 months, depending on the
court's decision. In most cases, the courts prefer to end mutual consent divorces as soon as
possible. The couple must live separately for at least one year before divorce proceedings can
begin, according to Section 13 B of the Hindu Marriage Act, 1955, and Section 28 of the
Special Marriage Act, 1954. However, the couple must be separated for at least two years
under Section 10A of the Divorce Act, 1869. Living apart does not have to mean living in
different places; the couple only needs to show that they have not been living as husband and
wife during this time. If one of the spouses files an application with the court stating that he
or she does not want to pursue Divorce by Mutual Consent, the court will not grant a divorce
decree. During the six months that the petition is pending in court, it is possible to do so. If
the court determines that the unilateral withdrawal of consent is not genuine, it can issue a
divorce decree and dissolve the marriage. As a result, the court will disregard the withdrawal
of consent and issue the decree.