THE LAW SCHOOL

SUBJECT: MOOT COURT EXERCISE AND

INTERNSHIP
Course No. - 955

INTERNSHIP DIARY – CHAMBER VISIT

DURATION OF INTERNSHIP – 1st December, 2023 to 1st January, 2024

SUBMITTED BY:
MANAV SETH

ROLL NO: 7601/LSUF/19

SEMESTER – X

THE LAW SCHOOL

 INTERNSHIP DETAILS:

NAME OF THE LAWYER – Advocate Mohit Gupta

CHAMBER – H. No 25, Bakshi Nagar, Jammu

DURATION OF INTERNSHIP – 1st December, 2023 to 1st January, 2024

 DECLARATION

This declaration is made on 1st FEBRUARY, 2024 at Jammu that this internship report
has been prepared and drafted by me under the supervision of Mr. Mohit Gupta, H. No
25, Bakshi Nagar, Jammu. It contains the work accomplished by me which was
assigned to me during the internship. This work was done in respect of the Moot Court
Exercise and Internship subject. This has not been submitted either in whole or in part
to any other Law University or affiliated Institute under University, recognized by the
Bar Council of India for the award of any law degree or diploma within the territories
of India.
Dated: 1st February 2024

Manav Seth
Roll No. – 7601/LSUF/19
5th Year, 10th Semester
The Law School
 ACKNOWLEDGEMENT

I, Manav Seth, owe this moment of great satisfaction with a deep sense of
gratitude and indebtedness to Advocate Mohit Gupta, for his constant guidance
and support. I am thankful to him for his invaluable teachings, guidance, advice
given to me, for helping me in exploring and understanding the basics and
fundamentals of legal processes better.
I also pay my sincere regards to the clerks and office staff of Advocate Mohit
Gupta’s office for always being helpful and supportive to me as an intern in
order to facilitate the efficient completion of tasks assigned.
 CERTIFICATE

The document attached herein are the true copy of the certificate

received by me in lieu of the work undertaken during the course of

my internship and the drafts prepared by me for the drafting

purposes.

Dated: 1ST FEBRUARY 2024

Manav Seth
Roll No. 7601/LSUF/19

3rd Year, 5th Semester

The Law School

 INTRODUCTION

Law is a field wherein practical knowledge is absolutely different from what we learn
in books. Through books and our lengthy syllabi of each semester, we are taught both
the substantive law as well as the procedural law. However, what we are taught in the
classrooms is totally different from what we see in the court. No matter how well-
versed you are in studies and how well you score in exams, practical training is
essential to gain a foothold in this career.
The term internship refers to a stage / phase during which an individual gets the
opportunity to experience his / her industry of interest before entering into it full time
and opting for it as his / her future career field. They are ideal for understanding the
way a particular industry functions and what it would be like to work in that scenario.
Probably because of the above-mentioned reason, it is seen that almost all professional
courses have included a semester of compulsory internships in their course curriculum.
I got the chance for learning the procedure of advocacy and other legal process during
the months from December 2023 to January 2024, when I was given the golden
opportunity of working with Advocate Mohit Gupta.
I, as an intern personally felt that it was great to see how my textbook knowledge
applied to real world situations. I experienced how the legal department functions on
a daily basis, rather than just reading or hearing about it. The real-world situation was
completely different from the knowledge we gain from textbooks. There were certain
minute procedures that are not mentioned anywhere and they could be learnt only by
first-hand experience. Moreover, such a close interaction with the real situation helped
me decide better, as to what are the possible options and avenues that can be pursued
by me in the future and the implications of each are.
This Internship has helped me to acquaint myself better with respect to the field of law.
It has provided me with:
• Work Experience - Most students who graduate or pass out fresh from college
do not have any valuable on-the-job experience to show on their resumes.
Working as an intern provides a student with some valuable work experience.
• Understanding of the field - The fieldwork to be undertaken and the possible
avenues the field of law holds for a student’s future.
• Increase in knowledge- All the research work done on various different topics
assigned helped expand the diversity and detail of my knowledge which is very
important as a law student.
• Developing useful skills (communication, writing and researching, etc.) and
gaining valuable exposure.
 PART A
FACTUAL AND ANALYTICAL

INFORMATION ABOUT THE

INTERNSHIP

INTERNSHIP REPORT FROM 1st OF DECEMBER 2024 TILL

1ST OF JANUARY 2024

DECEMBER 2023

DAY 1

I started my internship under Adv. Mohit Gupta’s office from 1st December, 2023. Sir
immediately asked the interns to join him in client counselling, where I witnessed the
client narrating the problems while sir incessantly took down notes. The client had
come in connection with a property dispute between her and her sister. The sister had
passed away while the matter was still pending before the Jammu & Kashmir and
Ladakh High Court and had allegedly left a will which the client wanted to contest. Sir
advised the client to file a petition of probate and on application for temporary
injunction to restrain other claimants of the deceased’s property from taking away any
of her movable assets.

OBSERVATIONS

The counselling session offered an interesting insight into the expectations of client
who wants to opt for litigation as a solution to the dispute. The client seemed to be
hostile to the idea of an amicable settlement and appeared to be using the property
dispute to intimidate the other claimants and gain an upper hand. However, sir tried his
best to convince the client to reach a mutually agreeable solution since both parties
were known to him through family connections. But in the end, sir agreed to take up
the case.
DAY 2

Visit to District Court Jammu. The interns accompanied sir to District Court Complex
Janipur. We observed the structure of the court. It consists of various courts for different
purposes and various branches.
We also managed to meet a Naib Court and enquire about his duties and functions. He
is a police employee and serves as a link between the court and the police. He described
himself as a “daak – peon” or some sort of a postman – cum- peon and explained that
he takes the court summons / notice to the police station under whose jurisdiction the
accused / witness resides and brings the copy of the FIR and the other documents from
the police station to the court. Therefore, he acts as a very important intermediary in
the issue of process in criminal cases.

DAY 3

We again reached District Court Jammu the next day. We first had to go to the
courtroom of a Session’s Judge to see if a witness in one of the cases was present. The
room was crowded and asking around was futile. We were then informed by another
advocate present that we could gather our information by looking at the Naib Court’s
diary. He is supposed to maintain the record of every witness’ appearance or non-
appearance and has to call out witnesses who are present to take the stand before the
judge.

We then proceeded to obtain a certified copy of a divorce decree. To do so, one has to
fill a ‘Civil Certified Copy Form’, got it signed by the Advocate and party concerned,
pay the fees requisite and submit it at the determined counter at the Facilitation Centre
on the ground floor. A certified copy signifies that it is the true copy of the concerned
document as is present in the record of the court. It has to be specified if the application
is ordinary or urgent. The application also has to state whether the copy is required for
private use or otherwise since the fee for the latter is higher.

DAY 4

The day was spent at the office by going through case files. We observed that at the
beginning of every case file, an ‘Urgent Application’ had been filed. The application
has a fixed formed and contains space where the urgency/ reasons for filing the
application is to be noted. However, it was left blank in every application we
encountered. When we asked the associates at the office, they told us that had they not
filed the said application the first hearing in every case would have been scheduled at
least two years after the filing of the suit. Therefore, they resorted to the tactic to
expedite the process of litigation.

We were also given information about ‘Vakalatnama’. Its format is quite similar to that
of a Power of Attorney. It authorizes the pleader appearing for a litigant do several acts
as an agent and consequently bind the litigant, who is the principal. It specifies the
scope of delegated authority and the terms and conditions of such delegation. The
Vakalatnama is affixed on the last page of the plaint or written statement.

DAY 5

I was assigned the task of briefing of the paper book for the matter titled- RAMESH
VS. KANTA DEVI AND ORS.
DAY 6
We reached District Court, Jammu around lunch to obtain further information, this time
regarding the issue of process. The Alhmad at the courtroom of the same Sessions
Judge as the previous day. He told us that the procedure for issue of process is markedly
different in civil and criminal cases.
In civil cases, a Process Fee (PF) is to be paid for the issue of process to defendants,
witnesses or any other person required to be presented in the court by the party who
wants to summon the other party witness. It is also called FardTalwana. Such a party
is required to fill PF form.
The situation is different in criminal trial. The PF has to be paid only in non-cognizable
cases. The Alhmad maintains a diary of PF in all cases (civil & criminal) except those
of cognizable offences. In such matters, the police are tasked with delivering the
summons to the accused or witnesses. Simultaneously, the Alhmad has to send the
investigating officer of a case a notice to appear before the court.

DAY 7, 8, 9 and 10
On 7th day I was given research work which was to be submitted after 2 days. The
topic was related to the converting of Section 326 of IPC to section 324 of IPC. I found
the research interesting but after 1 and a half day, I was stuck at one point and couldn’t
think how to work further. The second day I was helped by the senior associate in every
possible way and then I found that it is very important to approach and clear the doubts
as early as possible rather than lingering with the same research for days. On 9th day I
was asked to submit my research and I did. This made me realize that how important
the deadlines are and how one has to learn time management in this field. Both the
days I worked for 4 hours a day. I was not allowed to leave the office before completing
the work. I submitted my work on 9th day evening and was called on 10th day to
discuss the same. The research was little haphazard so I was asked to organize it table
wise so that it is easy for reference. I spent around 1 hour in organizing the whole
research.

DAY 11
I went to the office of the Advocate and learnt about the substantial and knitty-gritty
methods to maintain an office of the Advocate.

DAY 12
On day 12, a client alleging domestic violence on her husband came to the office and
I was asked to sit with the associates to discuss the case. I heard everything carefully
and was asked to prepare a brief of the meeting. Meeting lasted for around 3 hours and
I and a co-intern prepared the case brief together. Next day I was asked to draft a
Domestic Violence Complaint u/s 12 of Protection of Women from Domestic Violence
Act, 2005. I was given a draft of the complaint and I made the new DV according to
that.

DAY 13
The 13th day was a light one. I visited the High court with my senior and witnessed
cases at random in various court rooms. I observed how the proceedings took place in
different cases. I sat in various single judge courtrooms in the High Court and observed
the behaviour of different judges as well as lawyers.

DAY 14
I was assigned the task to draft a revival of execution petition in the Jammu & Kashmir
and Ladakh High Court, as the Respondents in the matter titled PRIYA MEHTA v/s
ASLAM HUSSAIN had disregarded the settlement recorded by the Hon’ble Supreme
Court.

DAY 15
I was assigned to visit court to witness a case.
CASE 1
Name of the case: AJAY VERMA V SUNITA
Guardianship petition: 48/2022
Current status: Pending
Subject matter: Petition for custody of minor child namely master Rahul Verma under
section 25 of the Guardians and Wards Act,1980
Facts of the Case: Petitioner husband and Respondent wife were married on
11.06.2014 and resided at Gandhi Nagar, Jammu.
Marriage was duly consummated and a male child named Rahul was born on
19.04.2016 and is presently in the care and custody of the respondent.
Respondent is a working lady and would return late in the evening from her office in
Channi, the baby was taken care of by petitioner’s mother
The relations between the petitioner and the respondent were cordial but the respondent
started making unusual demands of expensive gifts forcibly despite knowing that the
same was beyond the means of the petitioner and his family.
The relations between the petitioner and the respondent soon deteriorated and it
affected the harmony of the house too.
Partying with the office colleagues was a regular affair for the respondent wife which
annoyed the petitioner husband and family.
The respondent wife also demanded money for her paralytic father and would spend
that money on shopping instead.
On 19.04.2016 the respondent wife gave birth to a son named Rahul at Lochan Nursing
Home, Trikuta Nagar, Jammu.
The whole family of the petitioner including him took good care of the respondent and
the baby. The respondent joined back her office and master Rahul was taken care of by
petitioner husband and his family.
On 23.09.2018 the respondent took master Rahul to her parental home. She did not
allow the petitioner to meet his son Rahul despite numerous efforts by him.
Petitioner being worried about his son’s proper upbringing, education and health, filed
this application in the Hon’ble court for his custody.

DAY 16

CASE 2
Name of the case: GULSHAN SHARMA V/S VIBHUTI JAMWAL
Facts of the Case: The daughter of the Petitioner committed suicide within one year
of her marriage due to demand of dowry and other hassles and troubles created by her
in-laws and husband in her matrimonial home. The Respondents have been granted
Anticipatory Bail by the Hon’ble High Court and no proper investigation to reveal the
hidden story and the culprits behind this crime is being conducted and hence, this writ
petition has been filed by the Petitioner.
Status: This case is still at initial stage as the writ petition has been filed before few
days in the High Court of Jammu & Kashmir and Ladakh and the proceedings are still
to be initiated
DAY 17

This day was spent in the office of the Advocate and I read the case files. The facts of
the case are produced below along with their present status.
CASE 3
Name of the Case: CHANDER MOHAN V/S KAMALJEET SINGH
Facts of the Case: Plaintiff had examined 2 witnesses in its evidence and defendant
had examined one witness in his defence and defence evidence closed on 11.02.2021.
Plaintiff proved the on-record sale deed exhibit to prove the ownership of the suit
property.
Defendant took the defence that the documents do not pertain to the suit properly but
he has not led any defence in rebuttal to prove the same.
Plaintiff filed this application to summon the official records from the office of town
planning department and house tax department for identification of the suit properly
being same as reflected in the title documents of the same sale deed exhibit.

DAY 18
I was present in the courtroom to witness Examination-in-Chief as well as Cross
Examination.
Examination-in-Chief
COURT: DISTRICT COURT, JAMMU
The client in the case was prepared completely and was made to go through the case
files thoroughly a day prior to the date of hearing in Court.
However, when the Counsel for the client was about to begin the Examination-In-
Chief, the Ld. Judicial Magistrate interrupted the Counsel and began asking the client
question of his own accord.
This made the client nervous and he fumbled tremendously. The client was thus, unable
to put forward his case effectively before the Court which weakened his stance in the
case.
I did not get the chance to observe how an examination-in-chief is actually conducted
due to this. However, I was privy to all the processes that happen in preparation for it.
Cross examination
COURT: DISTRICT COURT, JAMMU
The witness in the case shifted from his earlier statement made under Section 164 of
the CrPC, 1973 to the Ld. Magistrate and was declared a hostile witness.
The Counsel for the client was allowed to cross-examine the hostile witness by virtue
of Section 154 of the Indian Evidence Act, 1872.
Demeanour of the Counsel:
• The Counsel was confident yet respectful.
• Counsel was not rude.
• The Counsel questioned the hostile witness on the discrepancy between the two
statements made by her and then went onto to question her on the basis of the
fresh statement made in court.
• Questions put forth by the Counsel were to the point straightforward, closed
ended and leading. They did not allow for the hostile witness to explain his
stance or deviate from the question asked.
• The Counsel maintained steady eye contact and an even toned voice while
questioning the hostile witness.

DAY 19
Did not visit the court but worked with Adv Mohit. We were tasked with drafting a
Will for Sh. Vikram Khanna.
DAY 20

CASE 4

Name of the Case: BUSHRA BIBI v/s SALMAN SHEIKH

Current status: Pending
Subject Matter: Application on behalf of the judgement debtor for cancellation of
warrant of arrest issued against judgement debtor vie order dated 05.06.2023
Facts of the case: The judgement debtor could not reach on the first call as he had to
visit the Indian bank for opening of new account as his earlier accounts were
inoperative.
The counsel for the judgement debtor asked for a pass over nut the Hon’ble court
declined the same and issued a warrant against him and adjourned the matter
The judgement debtor could not unintentionally and not deliberately appear before the
Hon’ble court on the first call due to the same above-mentioned reason.
Therefore, the judgement debtor applied for the cancellation of the warrant of arrest
against him in the interest of justice.
DAY 21
CASE 5
Name of the Case: SHANKAR MAHAJAN v/s PDD, J&K
Subject Matter: Suit for declaration and permanent injunction under section 37/38 of
Specific Relief Act, 1963.
Facts of the Case: In the said case the electricity bill for the theft was raised by PDD
against the plaintiff.
The plaintiff challenged the said bill as illegal and inappropriate by way of the said suit
and prayed for the declaration of the said bill as null and void and grant of the
injunction praying therein that the defendant should be restrained from disconnecting
the electricity during the pendency of the suit.
Notice was issued on the said suit to the defendant who after filing its written statement
made a proposal to report for sending the case to the LOK ADALAT to the Hon’ble
Court.
Observations: The plaintiff agreed to the said proposal and the matter was sent to Lok
Adalat for next hearing i.e. on 12/4/18, where it was settled subject to payment of 50%
of the amount of the bill raised by the defendant.
 PART-B
LEGAL DOCUMENTS
1. Bail Application
2. Suit for Defamation

IN THE COURT OF LD. ADDITONAL SESSIONS JUDGE, JAMMU

CRL.BAIL APPL. NO. OF 2023

IN THE MATTER OF
RK V.
STATE
(in J.C.) F.I.R. No. 588/12
P.S.: - Bakshi Nagar
N.D.O.H- 29.01.2022

APPLICATION ON BEHALF OF SH. RAJESH KUMAR UNDER SECTION

439 OF THE CODE OF CRIMINAL PROCEDURE, 1973, SEEKING INTERIM
BAIL IN FIR NO. 497 DATED 08.04.2015 REGISTERED UNDER OFFENCES
U/S 302, 307, 147, 148, 325, 342, 365, 368, 395, 397, 449, 450, 452, 120-B/34 OF
THE INDIAN PENAL CODE, 1860 AND 25/27/54/59 ARMS ACT, 1959.

MOST RESPECTFULLY SHOWETH:

1. That the present application is being filed under Section 439 of the Code of
Criminal Procedure, seeking directions from this Hon’ble Court to release the
Applicant on interim bail in FIR No. 497 dated 08.04.2015 registered under
offences U/S 302, 307, 147, 148, 325, 342, 365, 368, 395, 397, 449, 450, 452,
120-B/34 Of the Indian Penal Code, 1860 And 25, 27/54/59 Arms Act, 1959.

2. The Applicant/ Accused No. 17 was granted interim bail for the first time by this
Hon’ble Court vide order dated 16.07.2017 for a period of 10 days, subject to
his furnishing personal bond and surety bond and on the condition that he will
surrender within the stipulated time. Copy of the order dated 16.07.2017 is
annexed herewith as Annexure-1.
3. It is pertinent to mention herein that vide order dated 16.07.2017 this Hon’ble
Court while granting interim bail to the Applicant observed that since the wife
of the Applicant had to undergo a surgery of her uterus, it was necessary for the
Applicant, being the husband, to be around his wife.

4. It is respectfully submitted that the Applicant herein filed a 2nd application for
grant of interim bail which was rejected by this Hon’ble Court vide order dated
25.03.2018. Copy of the order dated 25.03.2018 is annexed herewith as
Annexure-2.

5. It is submitted that the wife of the Applicant, Smt. RK has been suffering from
Hepatitis-C infection and after undergoing the pathological tests, has been
diagnosed with jaundice and has been advised medical treatment and complete
rest. Copy of the medical report dated 19.01.2022 of the Applicant’s wife is
annexed herewith as Annexure-3 and Copy of the medical certificate is annexed
as Annexure-4.

6. It is respectfully submitted that the Applicant’s wife wants to sell off the property
of the Applicant to one GS, S/o HS, as it is necessary and imperative for the wife
to sustain herself financially in the absence of the Applicant. However, it is
pertinent to mention herein that Applicant and his wife do not have any children.
The Applicant has one brother and one sister. The sister is married and settled in
Satwari and the brother lives in RS Pura. The parents of the Applicant are very
old and live away from the matrimonial home of the Applicant. Copy of the
details of the property of the Applicant intended to be sold by the Applicant’s
wife is annexed as Annexure-5.
7. It is respectfully submitted that in the underlying circumstances it is imperative
that the Applicant be released on interim bail as the Applicant’s wife who needs
utmost care and attention due to her severe health condition is not in a position
to complete the essential formalities to sell the abovementioned property. It is
further pertinent to mention herein that there is no other family member who is
willing and able to complete the legal formalities relating to the abovementioned
property, therefore it is not possible for the Applicant to execute a POA in
anyone’s favour. Copy of the Aadhar Card of the Buyer is annexed as Annexure-
6.
 8. Hence, it is respectfully submitted that, since no person can substitute the role
of a husband it is imperative that the Applicant be granted interim Bail for a
period of 30 days as the Applicant’s wife needs immediate care, urgent attention
and proper treatment.

9. That the Applicant is ready to submit himself to any conditions, which this Ld.
Trial Court may impose to allay the fears of the Prosecution that the Applicant
may flee for justice or interfere with the investigation process.

10.That the Applicant is a citizen of this country and is a permanent resident of

Bakshi Nagar, Jammu.

11.The Applicant was arrested on 07.03.2016 and was only released on interim bail
for the first time vide order dated 16.07.2017 passed by this Hon’ble Court and
had duly and willingly surrendered himself before the Jail authorities on
01.01.2018. Thereafter, the Applicant herein filed a 2nd application for grant of
interim bail which was rejected by this Hon’ble Court vide order dated
25.03.2018.

12.It is therefore, humbly submitted that this Hon’ble court may direct/Order the
release of the Applicant on interim bail for a period of 30 days from the date of
release in FIR No. 588/2012, registered at Police Station Bakshi Nagar, so that
the Applicant can look after his ailing wife and make necessary arrangements
for her health and well-being.

13.That the Applicant seeks the kind permission of this Ld. Trial Court to raise such
other or further grounds as may be available to him at the time of hearing of the
present application.

PRAYER

IT IS, THEREFORE, MOST RESPECTFULLY PRAYED BEFORE THIS LD.

TRIAL COURT THAT IN THE GIVEN FACTS AND CIRCUMSTANCES OF
THIS CASE, IT MAY, IN THE INTEREST OF JUSTICE, BE PLEASED TO:
 a) Direct/Order the release of the Applicant on interim bail for a period of 30 days
in FIR No. 497/2012 U/s: 302, 307, 147, 148, 325, 342, 365, 368, 395, 397, 449,
450, 452, 120-B/34 of The Indian Penal Code, 1860 And 25, 27/54/59 Arms Act,
1959; and
b) Pass any other order(s) which this Hon'ble Court may deem fit and proper under
the facts and circumstances of this case;

THROUGH
Counsel(s) for the Applicant
WW
Place: Jammu
Date: ___.07.2022

IN THE COURT OF JUDICIAL MAGISTRATE, JAMMU

(SUIT NO. _ / 2022)

IN THE MATTER OF
MAJOR DEEPAK LAL .................................................PLAINTIFF

VERSUS

SUSHMITA & ANR...........................................................…......DEFENDANTS

SUIT FOR DEFAMATION UNDER SECTION 500, INDIAN PENAL CODE,

1860

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is serving in the Corps of Electronics & Mechanical Engineers
of the Indian Army as a Major in his present posting. He enjoys a reputation of
unblemished integrity and honest throughout his professional career till date. In
 recognition of his services to the Country the Plaintiff was awarded a special
commendation from the Chief of Army Staff in the year 2014. It will not be out
of place to mention here that considering ability and integrity, the Plaintiff is due
to appear for the promotion board shortly.

2. That the Defendant No. 1 is well acquainted with the Petitioner through common
friends since 2003 as the wife of Defendant No. 2 (Lt. Col Samir Gupta) who
was also enrolled with the Petitioner during Degree Engineering Course. It is a
matter of fact that since the inception of marriage between Defendant No. 1 and
Defendant No. 2 there were frequent fights which often lead to physical abuse
as well. It was during this difficult period in the life of Defendant No. 1 that the
Petitioner along with his wife sympathised with Defendant No. 1’s difficulty.
However, the frequent fights led to divorce between the two Defendants. It was
during this time that the Petitioner under the instruction and company of his wife
decided to provide mental and moral support to Defendant No.1.

3. That during this period the Defendant No. 1 had approached the Petitioner and
his wife to help the Defendant No. 1 financially. In view of the fact that the
Defendant No. 1 being a single mother with a young child, the Petitioner’s wife
never shirked from her duty as a friend and provided her immense emotional
and moral strength after the said divorce. During this period, the Defendant No.
1 had urged Petitioner’s wife to accompany her to several places under various
personal grounds but due to prior commitments had requested her husband i.e.
the Petitioner to accompany the Defendant No. 1, who in good faith and as a
sincere sympathiser agreed to accompany the said Defendant only pursuant to
his wife’s instruction. It is without saying during all this while, the Petitioner
was absolutely unaware of the Defendants sinister plans to defame and malign
the reputation of the Petitioner.

4. That the Defendant No. 1 under a figment of her imagination took up a fancy
for the Petitioner and made it known to the Petitioner that she wanted to marry
him which could be accomplished only if the Petitioner divorced his legally
wedded wife.

5. That the Petitioner was shocked at such treaties and unacceptable exhortations
by Defendant No. 1, to which the Petitioner raised serious objection and refused
 to any of the frivolous demands made by the Defendants. On such refusal and
objection, the Defendants threatened the Petitioner with dire consequence and
threatened to ruin and damage his reputation by implicating his name in sexual
harassment case. The Defendant No. 1 also made an illegal demand of Rs. 20,
00, 000/- (Rupees Twenty Lakhs) from the Plaintiff.

6. That under these circumstances, the Petitioner and his wife discontinued any
social contact or interactions to protect their family and their marriage. It is
apparent that the Defendant No. 1 post this incident was determined to hurt, and
harm the public image and reputation of the Petitioner as well as his professional
career.

7. That sometime in the first week of July, 2022 the Defendant No. 1 along with
her Husband Lt. Col Samir Gupta i.e. Defendant No. 2, circulated an audio
recording on social media and WhatsApp to the Petitioner’s colleague and
common friends containing certain disparaging and damaging statements
against the Petitioner. It will not be out of place to mention here that this was
never accidental but an evil conspiracy to lower the Petitioner’s prestige. A true
copy of the recordings has been annexed herewith as Annexure-1.

8. That it is a matter of fact that even after the purported divorce the Defendant No.
1 has been in constant touch with her former husband i.e. Defendant No. 2and
hence, have been plotting schemes to malign the Petitioner and create
impediments in his professional and personal life.

9. That the said audio recording was circulated to extract money from the Petitioner
as both the Defendant No. 1 and Defendant No. 2 are aware of the Petitioner’s
social setup. The Defendant No. 1 had also made such defamatory speech public
amongst his colleagues and friends knowing very well that the Petitioner is due
for promotion.

10.That it will not be out of place to mention here that the Defendants’ sinister
conspiracy endeavoured to lower the Petitioner’s prestige in the eyes of the
colleagues and friends in the Indian Army and neighbourhood by falsely
projecting him as a man of poor character and have given all members of
society/community an opportunity to raise an eye/ object on the Petitioner’s
 reputation and public image. Thus, the acts of the Defendants have caused the
Petitioner’s character assassination and said false statements have tarnished the
good name of the Petitioner.

11.That it seems that the Defendants deliberately and knowingly with a malign
intention to attack/tarnish the image of the Plaintiff made the said frivolous and

12.That the Defendants have made false and baseless allegations/imputation and
gestures in public only with an intent to defame the Petitioner and hurt his
integrity therein causing great mental, social, spiritual, and professional loss to
the Petitioner for which the Defendants are responsible and liable to pay
damages to the Plaintiff.

13.That for the reasons disclosed above and for the words, representations,
imputations and gestures made and imputed/gestures by both the Defendants in
public, they are responsible for hurting, blackmailing and harming the
Petitioner’s reputation. Thus, the Defendants are liable to be prosecuted and
punished for the offence of defamation with imminent legal action.

14.The persistent conduct of the defendant in the past allows the reasonable
apprehension that they shall continue dispatching tarnishing messages to all and
sundry to humiliate and bring further odium to the plaintiff. It is in these
circumstances that the urgent intervention of this Hon’ble Court is implored.

15.That the cause of action arose on 16.07.2022 when the Defendant No. 1proposed
the Plaintiff for marriage. The cause of action arose in June,2022 when the
defendants circulated audio recordings on WhatsApp to the Petitioner’s
colleague and common friends containing certain disparaging and damaging
statements against the Petitioner thereby causing immense damage to the
reputation and goodwill of the plaintiffs and lowered their image in the eyes of
the recipients of the impugned e-mail and numerous others. The cause of action
further arose on demanding payment of Rs. 20, 00, 000/- (Rupees Twenty Lakh)
from the plaintiff with the intention to extort money from the Plaintiff. The cause
of action thus is continuing and subsisting.
 16.That for the purpose of pecuniary jurisdiction and / or relief of damages the Suit
is valued at Rs. 20,00,100/- (Rupees Twenty Lakh One Hundred Only), on which
the ad-valorem court fees of Rs. 80,004/- (Eighty Thousand Four Only) is
affixed. For the relief of permanent injunction, the relief is valued at Rs.5000/-
on which the court fees of Rs. 500/- is affixed. Thus, a total court fee of Rs.
83000/- (Rupees Eighty-Three Thousand Only) has been affixed. This Hon’ble
Court has the pecuniary jurisdiction to try and adjudicate the present plaint. Any
further court fees payable in respect of any punitive damages awarded shall be
paid as required.

17.That the Plaintiff and the Defendants have a place of permanent residence in
Jammu. The plaintiffs and a number of the other recipients of the impugned
audio recordings dated July, 2022 are located in Jammu, thus the reputation and
goodwill of the plaintiff is, amongst other places, severely affected in Jammu.
The Plaintiff and the Defendants both have their place of work in Jammu. A
significant part of the cause of action has arisen in Jammu. Hence, this Hon’ble
Court has the territorial jurisdiction to entertain the present Suit.

18.That the suit is within the period of limitation as provided for by the Limitation
Act. That no other or similar proceeding is filed or pending before any other
Court and the Plaintiff have no efficacious remedy but the instant Suit. The
Plaintiff reserves the right to present such additional facts, documents and
grounds as may come to their knowledge or possession hereafter.

19.That the instant petition is in the interest of justice and bona fide.

PRAYER

NOW WHEREFORE IN THE FACTS AND CIRCUMSTANCES OF THECASE,

THIS HON’BLE COURT MAY BE PLEASED TO: -

a) Pass an order directing the Defendants to publish an unconditional apology in

any two of the National Daily Newspapers;
b) Pass an order directing the Defendants to give an unconditional apology through
social media by circulating the said message on WhatsApp, Facebook and any
other social media site to the Petitioner, his colleague and common friends;
 c) Pass a decree/ order/ direction thereby awarding damages of Rs. 4, 00, 000/-
(Rupees Four Lakhs) against the defendant in favour of the Plaintiff towards loss
of reputation and goodwill and donate the same to the Gurudwara Sunder Singh
for the obnoxious acts done by the Defendants;

d) Pass a decree / order / direction thereby awarding punitive damages against the
defendant in favour of the plaintiffs as deemed fit by this Hon’ble Court, and
/or;

e) Cost of the suit be awarded to the Plaintiff, and /or;

f) Any other relief that this Hon’ble Court deems fit in the facts and circumstances
of the case, in favour of the Plaintiff and against the Defendant/s.
PLAINTIFF

VERIFICATION:
It is verified at Jammu this the Seventeenth day of July, 2022 that the contents of
paragraphs one to fifteen of the plaint are true and correct to the best of our knowledge
as well as based on information derived from the records of the Plaintiff maintained in
the ordinary course of business and what is stated in paragraphs sixteen to nineteen is
based upon information received and believed to be true by us. Last Paragraph is the
prayer to this Hon’ble Court.

PLAINTIFF

JAMMU FILED THROUGH

(COUNSEL FOR PLAINTIFF)
DATED: 17.07.2022