DRAFTING ASSIGNMENT

ON CAVEAT,
BAIL AND DIVORCE.

SUBMITTED BY SUBMITTED TO
Anmol Dutt Sharma Miss Sital mam
Roll No. 217/13
Bcom LLB 8th sem D
CAVEAT

Caveat application in the Indian court means that you are

requesting any court that if in case a specified person or
organisation files a case in the court in which you are having
some valid interest, than no order should be passed by that
Hon'ble court without giving you a notice about that case being
filed and also without listening your side in that matter.

Caveat petition is a precautionary measure which is undertaken

by people usually when they are having very strong apprehension
that some case is going to be filed in the court regarding their
interest in any manner.

The caveat petition remains in force only for 90 days and if during
that duration no case gets filed from the opposite side than -- you
have to again file a fresh caveat petition as new in the court.
CAVEAT APPLICATION

IN THE HIGH COURT OF DELHI

AT NEW DELHI

Original Civil Jurisdiction

Caveat No. 5665

In the matter of caveat under section 148A of code of civil

procedure.

harshit kanwar: caveator

Pray that no order be passed without due notice under section 148Aof
the Code of Civil Procedure to the Caveator above named in any application
for a suit likely to filed in this court by petioner karan deep singh lamba and harshit
kanwar is defendant.

The Caveator's address for service

house number #4478
sector 12 noida u.p.
Caveators counsel : advocate R.D. Sharma

At: high court, delhi.

Filed on: 24/3/2017
Divorce: on the ground of
adultery, under section-13 of
Hindu marriage act.

Introduction

Adultery has many different synonyms such as unfaithfulness, infidelity,

disloyalty, unchastity etc. and all these synonyms with respect to women
points toward the same legal definition of this word under law as having the
voluntary sexual intercourse between a married person that is a female
spouse and a person who is not her spouse and that too without the
consent of husband. In India, the offence of adultery as defined under
section 497 of IPC prescribes punishment for men only and not for women
even when they act as abettors. Hence, 42 nd report of law commission of
India, 2013 made underMalimathcommittee recommended to amend
section 497 of IPC to make women also punishable for adultery.

What constitutes adultery

The following are the elements under section 497 of IPC which constitutes
adultery: -

Firstly having sexual intercourse with a person.

Secondly, the person committing such an offence must know or must

have reason to believe that the female lady is the wife of another
person.

Thirdly, the person commits sexual intercourse without the consent of

the husband of such a lady.
 Fourthly, such a sexual intercourse must not amount to the offence of
rape that is the lady with whom the sexual intercourse is being
committed must be above the age of 16.

If these conditions are satisfied then only the person will be guilty
of committing the offence of adultery.

Divorce through Adultery

Grounds for divorce on the basis of adultery is mentioned under section

13(1)(a) of Hindu marriage act,1955 which states that any marriage before
or after the commencement of this act shall be dissolved by a decree of
divorce on the ground that the other party had voluntary sexual intercourse
with any person other than his or her spouse after the marriage. The
following are the cases on the basis of which adultery as a ground of
divorce can be analysed

Divorce petition

IN THE COURT OF THE DISTRICT JUDGE, MOHALI DISTRICT COURT.

M.J. Petition number- 16656 of 198

Petitioner

Gaurav Sharma
#554 phase 7 mohali

Versus

Suchita Sharma
#554 phase 7 mohali

Petition under Secs -13 of The Hindu Marriage Act, 1955.

The aforesaid petitioner begs to submit as under:- Most

respectfully showeth that:-
 1. The petitioner and respondent solemnized the marriage on
26/03/2015 at J.W. marriot according to the custom prevailing
under The Hindu Marriage Act, 1955.

2. The parties since their marriage lived and cohabited together

at their residence in mohali 7 phase.

4. They had no issues about their marriage so far.

5. The respondent is a mannerless ,drunkard, very ill tempered

women, she indulges in abusing everyone around her, loses
control over her senses when she is angry.

6.The respondent is also a chracterless woman who entices young

boys towards her for her physical needs. Last month on 26/2/2017
when the petitioner came back from his holidays two days before
he was supposed to, he saw his wife and a unknown guy inside
his bedroom in a comprimisng position. The stranger tried to hurt
the respondent and when failed fled from the spot.

7. That the petition is not made in collusion with the respondent.

8. That the place of crime and solemnization of marriage

happened within local jurisdiction of the court.

9. Prescribed court fees Rs.5000 affixed with the petition.

10. PRAYER It is prayed that, a decree for divorce be passed

considering the above mentioned facts & grounds, in the interest
of justice.

Date:26/3/2017

I, Gaurav Sharma son of karan Sharma do hereby verify that the

contents of Para 1 to 10 are true to the best of my knowledge and
believe, and signed on the day twenty sixth march 2017, and
verified this at ditrict court mohali after having read the contents.
Date:26/3/2017
Bail in the case of a non-
bailable offence, under
section 437 of the code
of criminal procedure.

This section allows discretion to the Court or a police officer to release an

accused on bail in a non-bailable case which is not punishable with death
or with imprisonment for life. However, a person below 16 years of age, a
woman or a sick or infirm person may be released on bail even if the
offence with which he or she is charged is punishable with death or life
imprisonment.

But while using discretion to release such accused, the Court or the police
officer is guided by certain principles which must be kept in mind. The
Supreme Court has ruled in a number of cases that the object of granting
bail is to secure the attendance of the accused before the Court at the time
of inquiry or trial and not to punish him. Therefore, law favours grant of bail
as a rule, and its refusal in exceptional cases.

The basic rule may perhaps be tersely put as bail and not jail, except where
there are circumstances suggestive of fleeing from justice or thwarting the
course of justice or creating other troubles in the shape of repeating
offences or intimidating witnesses and the like, by the petitioner who seeks
enlargement on bail from Court. It is true that the gravity of the offence
involved is likely to induce the petitioner to avoid the course of justice and
must weigh with the Court when considering the question of bail. So also
the heinousness of the crime

APPLICATION FOR BAIL

Sidhant sharma petitioner

s/o Ravi Sharma

r/o #4455 11 phase mohali

Vs

State of punjab Respondent

F.I.R. NO. 123/17

N.D.P.S. act

Police Station phase

11

Mohali

APPLICATION UNDER SECTION SECTION 437, C.R.P.C FOR GRANT

BAIL

The accused most respectfully submits that :

1. That the accused was arrested on 25/03/2017 and is in police

custody since then. The accusd has been alleged of commiting
rape of Riya Chanchad.

2. That the present FIR has been registered on fasle facts.the

facts stated in the fir are fabricated.

3. That there is no relation or connection between the accused

and the victim, and when the rape is said to have been
committed by accused at that time accused was sleeping in his
residence at mohali.

4.That the police has falsely implicated the applicant, and

arrested him in the present case, he has nothing to do with the
alleged offence.

5. That the applicant is the respectable citizen of the society and

is a peace loving person.
6.That the applicant is not required in any kind of investigation or
interrogation still applicant undertakes to present himself before
the court.

7.that the applicant is having very good antecedents as he

belongs to avery good and reputed family and there is no criminal
case pending against him.

8. That the applicant is a permanent resident of #4455 PHASE 11

mohali and there is no chance of him absconding.

9. That the applicant undertakes that he will not, directly or

indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer.

10. That the applicant further undertakes not to tampr with any
witness and evidence involved in the case.

11. Applicant will not leave india without the permission of the
court.

12. That the applicant is ready to accept all th other conditions as

imposd by the court.

13. That the accused is a innocent person and has been

manipulated into this case, and has never been involved in any
criminal case before.

PRAYER

It is therefore prayed that the court may order for the release of
the applicant on bail in the interest of justice.
Any other order which the court may deem fit and proper in the
facts and circumstances of the case may be also passed in favor
of the applicant.

Place : mohali

Date 26/03/2017