Basic Information

Name of the Client: Mrs. Arundhati Sarma Religion: Hindu

Address of the Client: Jaya Nagar, Moran Town, P.O. Moranhat-785670, District- Dibrugarh, Assam.

Name of the Advocate: Mrs. Manashi Borah, Advocate, Dibrugarh Bar Association. Nature of the Case: Criminal (Claiming Maintenance by wife under Section 125 of

Criminal Procedure Code, 1973)

On 3rd December, 2010, Mrs. Arundhati Sarma came to the chamber. The age Mrs. Sarma is as about 40 years. His husband name is Mr. Ajay Sarma, who is an employee of State Bank of India, Moran Branch. The advocate asked her what happened in her life. Mrs. Sarma said that Mr. Ajay Sarma and she got married on 08th October, 2006. Both of them lives in the area of Jaya Nagar, Moran Town in a rented house which rent is almost 2000 Rupees.

Both of them maintain her conjugal life and there life was running happily. On 2nd May, 2008, a female baby also came to their life. Mr. Sarma did not want a female child. From this a break down period of their life was started. Day by day their marital life was going to a miserable condition. Mr. Sarma lived separatly from his wife and children in Peoli Nagar, Moran Town.

Mrs. Sarma was not an employee and she always wants to live with Mr. Sarma. Mrs. Sarma was an orphan since born. Mrs. Sarma does not maintain herself as well as her baby. She also did not pay rent to the landlord who demand the rent for the house and said her that if she did not able to pay rent, then she must leave the house.

Mr. Sarma did not pay any amount as allowance to maintain to his wife. Therefore she came to the advocate chamber to get justice and save her life as well as her baby.

After hearing of the story of life of Mrs. Sarma, the advocate asked her certain queries regarding the case:

Q. No.1. What procedure follows in solemnizing the marriage?

Ans. They solemnized their marriage by customary rituals and register their marriage in the Court of Dibrugarh.

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Q. No. 2. Whether she has any documentary proof of their marriage?

Ans. She told that she has certain documentary proof like their marriage cards and photographs.

Q. No. 3 What is the full address of her husband and how much salary he earns fro his job?

Ans. She told that her husband is now lives in Peoli Nagar, Moran Town, P. O. Moranhat-785670, Dist. Dibrugarh, Assam. He earns about 35000 per month from his job in the State Bank of India, Moran Branch.

Q. No. 4 How much amount she claim as maintenance allowance?

Ans. She said that she claims 10000 Rupeees as maintenance. As because of she lives in a rented house which rent is Rs. 2000, and her other cost like maintenance of her baby, and other expenses of her day to day life.

After this the advocate told her to come on the 5th December, 2010 with the documents which she has had. The advocate claims a nominal amount for the filing the case in the Court of Chief Judicial Magistrate, Dibrugarh. The advocate did not claim any money as her professional fees because the client’s economic condition is too poor and the advocate wants to give justice for her client. The advocate advise Mrs. Sarma to file the case in the Lok Adalat if she is unable to pay the required cost for filing the litigation in the court and maintain the general procedure.

Pre-trial Preparation for filing of Complaint

On 5th December, 2010 Mrs. Sarma handed over the copies of the relevant documents and other necessary materials of proof. After observation of all the documents the advocate prepares the case and prepares the application for claiming maintenance.

1. The advocate firstly prepares an application for claiming maintenance. The advocate firstly writes the name of the court. The complaint is filed before the Court of Chief Judicial Magistrate, Dibrugarh District and Session Judges’ Court, Dibrugarh. The advocate informed me that complaint must be made to a Magistrate. This distinguishes it from FIR (First Information Report). The FIR is given to a police officer and not to a Magistrate. The complaint may be made orally or in writing but it must contain allegation that some person, whether known or unknown has committed an offence.

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After the name of the court, she mentioned the number and year.

2. Secondly, the advocate mentioned the name of the parties and their full addresses. 3. The nature of the complaint is state after the name of the parties. The nature of the offence along with the relevant section (Section 125 of the Code of Criminal Procedure, 1973) is also mentioned in the Complaint.

4. After indicating the nature of complaint the facts relating to the event are stated clearly.

5. After stating the facts of the case, the relief sought to be obtained from the court is also mentioned.

6. After that the advocate takes the signature of the claimant (Mrs. Arundhati Sarma). The complaint is also signed by the advocate. The advocate also prepares the affidavits for it.

7. The advocate also attached the necessary evidences (documents) to the complaint. Thus the claim of Maintenance of Mrs. Arundhati Sarma, in the form of complaint is prepared and filed before the Court of Chief Judicial Magistrate, Dibrugarh District and Session Judges’ Court, Dibrugarh.

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2. Basic Information

Name of the Client: Mr. Lalit Mudoi Religion: Hindu

Address of the Client: Tiloi Nagar, P.O. Moranhat-785670, District- Dibrugarh, Assam.

Name of the Advocate: Mrs. Manashi Borah, Advocate, Dibrugarh Bar Association. Nature of the case: Civil

On 16th December, 2010 Mr. Lalit Mudoi came to the chamber of the advocate. He age is about 65 years. He was a retired teacher. Mr. Mudoi came to the chamber due to a particular matter related with his land which is situated in the Tiloi Nagar, Moranhat. Mr. Mudoi stated that he was an owner of a house situated in that land. He lets out the house on hire to Mr. Jugal Kishor Gogoi, age 35 years two years back which rent is about 1200 Rupees (Including all taxes and other expenses). The tenant Mr. Jugal Kishor Gogoi sub-let a part of its holding to Mr. Shyamal Kumar Das without the permission of Mr. Lalit Mudoi (the owner) at the monthly rent of Rs. 1300. The tenant also failed to pay rent for last 8 months. Mr. Mudoi, on the other hand in need of the holding for his own personal use and occupation, he served a notice upon to Mr. Jugal Kishor Gogoi, Mr. Shyamal Kumar Das terminating their tenency and directing them to vacate the house. The tenants did not comply with the notice, did not vacate the hose, and did not pay rents. Therefore Mr. Lalit Mudoi came to the said advocate chamber for justice and returns back his property.

After hearing of the facts of Mr. lalit Mudoi, the advocate asked him certain queries regarding the case:

Q. No.1. Whether any agreement is present or not?

Ans. The owner said that there was an agreement between tenant and himself. Q. No.2. Did he have any proof of documents related with his ownership?

Ans. The owner said that he has the Jamabandi copy in his name, Khajana receipt. Q. No.3. When the tenant sub-let a part of holding to Mr. Shyamal Kumar Das? Ans. He answered that Jugal Kishor Gogoi sublets the holding to Mr. Shyamal Kumar Das an about 6 month’s back without permission obtain from him.

After this the advocate told his client to come on the 20th December, 2010 with the documents which he has had. The advocate claims a nominal amount for the filing the case in the Court and her fees for the case.

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On 20th December, 2010 the client handed over the copies of the relevant documents and other necessary materials of proof. After observation of all the documents the advocate prepares the case.

Pre-trial Preparation for filing of suit:

In civil cases a suit is required to be instituted by presentation of a plaint or in such other manner as may be prescribed. In every plaint facts are required to be proved by affidavit.

In the present case the advocate after observation of all the documents prepare the plaint for filing the suit in the Court of Munsif.

The plaint is contained, the name of the court where suit is brought, the name, description and place of residence of the plaintiff and defendant, the facts constituting the cause of action and when it arose.

The facts showing that the court has jurisdiction. The relief which the plaintiff claims i.e. eviction of the defendant from his land and house also included in the plaint.

A statement of the value of the subject-matter of the suit for the purpose of the jurisdiction and court fees (according to the Indian Court fee Act) is also mentioned.

The subject matter of the suit is immovable property, therefore a description of the property, its sufficient identification, its Dag no., record of settlement of survey also mentioned in the plaint.

The evidentiary documents like jamabandi copy, khajana receipt and all other documents are attached with the plaint. The affidavits are also prepared.

The advocate takes signature from the plaintiff on the plaint and affidavits. She also put her signature in the necessary are of the plaint and affidavits.

After that he filed the title suit in the above mentioned court. Thus the advocate prepares the suit for filing before the court.

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COMMENT

After observation of the works of the concern advocate, it is found that she follows all necessary norms and duty of an advocate in advocacy profession. She heard all the matters spoken by the clients and thereafter he should examine every document produced by the clients. She applied the relevant law to the facts gathered from the client and thereafter she gave advices. She made honest and fair appraisal of the chances of success of the case and advice the client accordingly. The advocates dealt with the client very softly, decent and fairly which make her popular amongst the clients. The advocate gave patient hearing to the client and note down all the facts disclosed by her and thereafter find out the relevant facts and relevant facts should be noted down. The events were arranged and noted down in the order of the dates. The documents produced by the client also carefully studied. Thereafter the statutory law collected. It is better to state the relevant statutory provisions and thereafter give the judicial decisions in support of the interpretation adopted. The advocate also did not demand high money as her professional fees if the client’s was economic condition is not good. The advocate has well-developed chamber. She collected lots of books such as legal books, case laws reports etc. Telephone, Internet facilities also have in her chamber. The advocate also informed to the clients about the recent development of Lok Adalat system (the alternative dispute resolution system).

The advocate also prepares the necessary documents for filing the suit or complaint or petitioner in proper manner. After prepare of whole the documents, she informed the clients about the preparation of the documents and also what were written in the application plaint or complaint, petition etc. It is essential for the clients to know about his application filed before the court.

In the observation of the whole work of the above mentioned advocate it can be said that the advocate follows all the rules of professional ethics under the Advocates Act and the rules of the Bar Council of India.