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INTERNSHIP DIARY
DAY 4
CASE 1
DETAILS OF THE CASE: This was a maintenance suit under Section 125, The Code of Criminal
Procedure, 1873 by a wife against her husband. As the maintenance case was pending another application
for interim maintenance was filed. The husband had acted with cruelty for the last three years. He had also
thrown her out of the matrimonial house thrice. But after compromises wife was rehabilitated. Later, the
husband stopped giving maintenance to the wife and children. Rs 10,000 was claimed on behalf of the
wife plus school fees and basic maintenance charges for the children as maintenance. As the proceedings
were taking time another interim application was made due to urgent need as the wife was facing financial
difficulties.
PROCEEDINGS IN THE COURT: The date was fixed for the cross-examination of the husband. His
statement was supposed to be recorded but before lunch time my lawyer was busy and couldn’t attend the
proceedings. The court gave time after lunch for the cross-examination. Meanwhile, the accused waited
in the court for some time. After lunch when my lawyer went for the examination the counsel of the
accused gave a medical certificate on the behalf of accused. The accused had already left. The next date
of hearing was after one and a half months from the present date.
In the end, I was also made to understand that while dealing with your client one should not forget that
the legal profession should not be treated “only” as a “source of livelihood”, rather at the same time, one
should not forget his duty towards society, which obligation, in the capacity of an advocate, increases
when, the litigant belongs to needy and lower strata of the society and further, is sometimes even illiterate.
CONCLUSION
In the end, I would like to opine that the real legal practice is absolutely different from the theoretical
version of law which we study. Without exposure to the real word, one cannot understand the analytical
and positive application of law and jurisprudence and the actual function and structure of law. What we
study is the body, but what we have learnt from his internship is the mechanism of this body. I was
surprised to see how the simplest of laws were applicable in the most difficult of situations and how
loopholes leave so much scope for evaluation and improvisation today in this field. I also observed that
law is everything but constant but with the same soul as that of a human. In other words or as that of our
counsel, laws may come and law may repeal, but they must always stay true to our original values and in
case of law, they must always be faithful to the constitution, which is the most supreme law of the land
and governs all equals and unequal’s in respect of each other. With a vote of thanks and gratefulness for
reading this report thoroughly and for giving me this wonderful opportunity to grow my vision in this
field, I conclude this report with a great lot in my mind. My sir has specifically warned me regarding cross
examination of the witnesses in the criminal matter to be very cautious as (what not to be “asked” is more
important than (what is to be asked) from the witnesses.