lient’s Name: Priya Sharma
C
Issue: Divorce from her husband, Raj Sharma, due todomestic cruelty and abandonment.
Background Facts:
• Priya and Raj were married in 2015 under the Hindu Marriage Act.
• They have two children, aged 8 and 5. Priya is the primary caregiver.
• Raj moved out of the marital home two years ago and has not provided financial support
since.
• Priya alleges repeated verbal and physical abuse during the marriage.
• Raj recently sent Priya a legal notice seeking a divorce, accusing her of incompatibility.
Introduction
ounselor:
C
“Good afternoon, Priya. Thank you for coming in today. I understand this situation has been
emotionally challenging for you. Let’s take some time to discuss the facts, clarify your legal options,
and decide on the best course of action.”
fact-Gathering
ounselor:
C
“Let’s begin with the basic details of your marriage and your current situation.”
1. Marriage and Children:
• Counselor: “When did you get married, and how longwere you living together?”
• Client: “We got married in 2015 and lived togetherfor five years before he left in
2020.”
• Counselor: “Do you have children? Who is currentlytaking care of them?”
• Client: “Yes, two kids—aged 8 and 5. I’ve beenraising them alone.”
2. Reasons for Divorce:
• Counselor: “What led to the breakdown of your marriage?Was there any cruelty or
conflict?”
• Client: “Yes, there was physical and emotionalabuse. He also stopped supporting us
financially.”
3. Legal Actions Taken:
• Counselor: “Have you filed any complaints or sought legal help before this?”
• Client: “I filed a domestic violence complaint in 2020, but it didn’t progress. Now he’s
asking for a divorce.”
Legal Advice
ounselor:
C
“Based on what you’ve shared, Priya, here’s what I advise:”
1. Divorce Grounds:
• “Under theHindu Marriage Act, 1955, you can filefor divorce on grounds of cruelty
and desertion. Both are recognized legal grounds in your case.”
2. Domestic Violence and Maintenance:
• “Since you’ve already reported domestic violence, we can revive your case under the
Protection of Women from Domestic Violence Act, 2005.This could strengthen your
divorce petition and help you secure protection orders.”
• “Additionally, you’re entitled tomaintenanceunderSection 125 of the CrPC. This
will compel him to contribute financially to your support and the children’s needs.”
3. Custody of Children:
• “Courts generally prioritize the welfare of the children. As their primary caregiver, you
have a strong case for custody under theGuardiansand Wards Act, 1890.”
4. Property and Financial Rights:
• “If there are shared assets, like property or bank accounts, we can claim your rightful
share during the divorce proceedings.”
5. Responding to Legal Notice:
• “We’ll respond to the notice, countering his claims of incompatibility with evidence of
abuse and desertion. We’ll also file for divorce on your behalf to strengthen your position.”
ounselor:
C
“Here’s what we’ll do next, Priya:”
.
1 “Gather all relevant documents—your marriage certificate, proof of domestic violence
(e.g., medical records, police complaint), financial statements, and any communication with
Raj.”
.
2 “I’ll draft a response to his legal notice and prepare a petition for divorce based on
cruelty and desertion.”
.
3 “We’ll simultaneously apply for maintenance and child custody to protect your
financial and parental rights.”
Reassurance
Counselor:
“ I understand this is overwhelming, but you’ve taken an important first step by seeking legal help. I’ll
guide you through every step to ensure your rights and your children’s future are protected. Let’s
stay focused on what matters most: your well-being and a fair resolution.”
Conclusion
his story showcases a practical approach to counseling, blending empathy with clear, actionable
T
legal guidance. Let me know if you’d like me to refine it further!
