Civil Case Study Examples

Case Studies

The following cases have been selected from the vast number of interesting cases that we have handled during the years. This is to highlight the diverse range of issues that come to us and the diverse strategies that are adopted to provide relief to women. 

June to November 2010

Gayatri Gawde

Gayatri, the wife of a police officer came to us a few months ago in a distraught condition. Hers was an arranged marriage and within  a month of her marriage, she was being harassed by her husband and in-laws her for dowry. Thereafter, within a few days she also came to know that her husband was married earlier and marriage is valid and subsisting.  She was shocked by this as prior to marriage, she was informed that her husband was a divorcee. Gayatri bore all the harassment silently. She was afraid even file a police complaint since the husband himself was a police officer and could use adverse influence.  Finally she was thrown out of the matrimonial home. At that time, she approached a woman's organization for their intervention, but all her efforts were futile, as her husband being a police officer refused to respond to the request of the said organisation to arrive at a settlement.


Finally she was referred to us by the organisation. We adopted the strategy of filing under the Domestic Violence Act.  This came as a blow to the husband.  He was left with no other choice but to attend the court proceedings. The magistrate  himself was shocked to see a person in authority, misusing his powers. He immediately sided with Gayatri and blasted at the husband. Just one court date made a difference in her life. Gayatri became more confident about herself and her case and has more strength to litigate now. This case is pending in court but w can see a great deal of confidence in Gayatri and she is able to handle her life without the crippling fear of her husband.

Preeti  Zaveri

Preeti’s case to us as a half way matter.  Preti hails from a very rich family background and her husband is even wealthier and more influential than her. They have a five year old son who is a slow learner and suffers from ADHD syndrome.  Preeti had already been divorced and as per the consent terms she was to give access of the child during all the holidays.  Since the husband lives abroad and the child was of a very young age, she was permitted to accompany the child during access period  and the husband was required to provide shelter to her in his own house or in a nearby hotel so the child can meet the mother for a few hours everyday.  But during the first vacation the husband provided accommodation to our client in another city which is around two hours away and she could not meet the child or even talk to the child during the entire vacation. After one month, when she returned with the child,  she realised that the chid had developed extreme insecurities and had started bed wetting.  He also could not cope with his studies and was sliding back.  Due to this reason she did not give the husband access in his city but requested him to meet her in a neutral city and they could take the child for a holiday together. The husband refused to accept this offer and filed a contempt petition against our client. During the next period of access our client broke her leg and again could not  take the child abroad. The court would have taken extreme view of this and the only reason for leniency towards her was that she had fractured her leg and the child could not travel abroad without the mother for the period of one month.

 

So though the court  passed an order that  the husband could take access onlyin Mumbai, she was warned that that if she did not give the husband access on the next date the court would take serious action against her and may even change the order of custody and grant custody to the husband.  In totally panic she approached us on the advice of her  school counsellor.  The conflict between the parents was having an adverse effect on the child and was affecting his studies. She wanted to stop access at any cost during summer.  But it was too late to alter the situation but we managed to stall the contempt proceedings and save the situation by arriving at certain consent terms that the husband would provide accommodation for her in a nearby apartment and the child could meet her everyday for two hours.  We also sought permission from the High Court to move the Family Court to vary the consent terms arrived at in the petition for divorce by mutual consent. We had made some advance.

 

As soon as she returned to Mumbai with the child, we filed for modification of consent terms. The husband also filed for modification and sought sole custody of the minor.  While these were pending, she had to take the child again for access but this time, the husband assaulted her in the foreign country and she fled to Mumbai in panic. The husband   threatened  us that he would file  fresh contempt petition and also that she would be arrested on arrival. The only way we could save the situation and pacify the husband was to enter into a process of mediation with his lawyers.  We have been successful in reducing the access period to one week during vacations and with these consent terms have been able to dismiss the contempt petition hanging over her head. In the proceedings for medication we  have produced the child’s medical reports and highlighted the adverse effects the contentious litigation is having upon the child.  The long term need of our client is to leave Mumbai and settle in a quiet and peaceful  place but this is  yet to be negotiated and for the time being she is bound to give access to the husband  only in Mumbai and hence is unable to settle in another city.  Our next priority is to vary the consent terms to the extent that she is able to leave the city and give reduced access to the husband in view of the child’s disturbed mental condition.

 

From our long term experience, we have realised that litigation over custody and access of minor children is  the most traumatic and time consuming of all matrimonial litigation.  Here emotions run high, and young children get affected. Rather than entering into prolonged and contentious litigation, the only way we can settle matters is to enter into mediation and settlement as forced court orders tend to get flouted and the courts are very prompt in penalising women in contempt of court proceedings. 

Civil Law Case Study Help

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What is Civil law?

Civil law is an important field of law and most of the areas of law are governed by civil law. Civil law includes among other things the law relating to contracts, law of tort and law relating to trusts.

Law of contracts

There are laws for governing the conduct of the parties who enter into contract with each other.

o In some contracts, there may more than two parties. Contracts are generally entered into two individuals and there are certain obligations, which are required to be fulfilled by the concerned parties.

o Remedies are available for breach of contract.Once a person or an individual enters in to a contract, he is bound to follow all the obligations under the contract. Contractual obligations are important obligations and breach of obligation by one party or parties under a contract may lead to cause severe losses to the other party or parties under the contract. Remedies are mainly available in the form of compensation or damages.

o Contracts are also entered into between States and the States undertake to fulfill the terms of the contract. These contracts govern the conduct of the affairs of the State and also govern the reaction between two or more States. Thus, law of contract is a very important branch of the civil law and it seems to regulate the behaviors of the individuals and the States. There have been many instances in the past where various individuals and States have failed to fulfill the terms of the contracts, which they have entered into.

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Case study relating to law of torts

The law of torts is an important branch of civil law and it seeks to protect the rights of human beings. There are several rights which a human being enjoy while living as an individual in a society. These rights are ought to be exercise by the individuals freely and fully. These rights are right in rem and these rights are enjoyed by a person against the entire world. An example of such right is the right to reputation, right to vote, etc. These rights cannot be interfered with and persons who interfere or violate these rights of other persons are made liable under the law of torts. Severe cases under torts include assault, battery and false imprisonment which cause injury to the person of the individuals. Injury against the property of the individuals includes trespass. Remedies under the law of Torts are in the form of unliquidated damages. Damages are called unliquidated when it is not predetermined by the parties but is left to the discretion of the Court. There have been many instances where cases have been filed against the State because of its failure to protect the rights of the individuals. The States in many occasions have been made liable for violating the rights of the individuals. These case studies are important from the perspective of the students as these case studies give a practical view of the functioning of the law of torts.

Examples of civil cases relating to the law of tort

The law of tort has mainly been developed by the courts. Therefore, to understand the law of tort one needs to go through a lot of examples of civil cases relating to law of tort. Under the law of tort, effective arguments can only be made with the help of case laws. The judgments of the Courts on a particular dispute acts as the precedents. The ratio decidendi of the cases are followed subsequently when similar matters arise in future. Thus examples of civil cases relating to the law of tort are very important and they need to be cited almost at every point to support arguments for the parties.

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Branch of civil law dealing with trust

The relationship of trust is said to be established when a person hold a property for the benefit of the other or others. The beneficiaries may be some specific beneficiaries or may be some undetermined beneficiaries such as poor persons, disabled persons, blind persons, etc. The person who holds the trust property is called the trustee and he is required to take care of the property and render all the benefits accrued from the property to the beneficiaries. A breach of trust occurs when a trustee uses the property for personal purposes or uses the property for any other purposes which have not been specified in the trust arrangement. The trustee is made liable for all such instances wherever he fails to take care of the property and misuse his position. There are a whole lot of case studies relating to the branch of law dealing with trust.

Why do students need civil law case study help?

Civil law governs the day to day activities and behavior of individuals and States. Deep research and study are needed for finding out the civil law cases and analyzing them. It is important to understand the nature of the contract or other arrangements which govern the parties and what conditions and terms of the contracts or arrangements are required to be fulfilled by them. The civil law case study helps the students to understand the nature of the civil law more clearly. The civil law case study examples highlight the practical aspects of civil law and give the students a clearer picture of the functioning of law. The students are often overburdened with multiple assignments and tasks and they find it hard to do the kind of research and study which are required for finding out the civil law case studies. Moreover, many students also do part time job along with pursuing their courses and they undoubtedly need Civil law case study help to successfully complete their assignments and tasks given by their teachers.

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