Tuesday, April 23, 2024

Disgruntled Father

By Harshal N Mirashi

A dispute, of any kind is not virtuous for a healthy society, but by no means is inevitable. One can understand dispute between countries, dispute between communities or between two religions. Nonetheless, the residual extract envisaged from evolutionary, civilization of human kind, somewhat, fostered for no good reason, is dispute between couples. India has invariably, applauded its culture and high moral values without noticing the rapidity of its outflow and of course, its devastation. We always believed in love, compassion and parenthood. So India would rise, tune to announce, that separation is allowed to husband and wife, but we proclaim that, Father and Mother, should not separate at all. This story is of such husband and wife. I hesitate to call them, father and mother, as it’s a divorced couple.

Dr. Suhasini Kawil (name changed) is the legally married wife of the Dr Sandesh Kawil (name changed) both, into medical profession and engaged in their profession, as Doctors. The two married on the 20th Feb 2007, according to the Hindu Vedic rites and customers of their castes, prevailing in the society at Nagpur. The marriage was been registered in the office of Registrar of Marriages as Nagpurkar’s are precisely cautious of their personal security.

It’s out of this wedlock they were blessed with Son, named Master Tejas Pankaj Rannaware, born on 02nd December 2007. This state in marriage is a peak position, in the life of Husband and wife, in India. It is the highest achievements, one can say superstition, or enrichment, and may be benediction here.

Generally, two people of same profession are expected to adjust with each other, adding more zing and gauge to their relation. Nonetheless, when ego hood uncovers relation, the remedy left, is disastrous. Ill-fated, it turned obvious, since there was difference from top to tense in their marriage. The marriage climbed rough and sticky, both found that they cannot end their differences. The husband and wife in them helped each other attaining logical culminating of their marriage, to end it once and for all. It was categorical decision, to end their marriage by way of invoking section 13(B) of the Hindu Marriage Act.

Divorce decree came to be passed on 29th May, 2013, being a consent decree under provision of Section 13 (B) of the Hindu Marriage Act. Interestingly, the wife is not entitled for maintenance, if she is earning as per the Indian laws made explicitly for protecting financial safety of women. However, bargaining power is always with the brain and not with the heart. The Husband, who is a father also and loves his son extensively, an inescapable Dad, followed suit to the demands of his wife, Suhasini. In the consent term the salient feature was permanent alimony to the tune of Rs.29, 00,000/- .There is a clause 7, any father, would lament deficiency, in the consent term, which explicitly states that, the father can have access to the minor son, Tejas.

The story did not go, delightful for the father and his real father. It was a great tremor for grandparents, to loss their affectionate grandson, and that to, by deceit. The wife Suhasini ensue this episode disappeared and practically vanished, from her ordinary resident and inhabit Kalyan, without informing anybody rather concealing the fact, to avoid the father of Tejas to meet Tejas.. Helplessly Doctor Sandesh the father had to hire private detective service, to trace the mother of Tejas and of course Tejas.

There was apprehension, anxiety as to the where about of, master Tejas. Tejas is the only son of Dr Sandesh. Estranged from his wife due of difference and as a consequence, the son master Tejas was also taken away from his, custody the real guardian of Tajesh were naturally sad and lamenting.

Dr Sandesh filed appropriate Petition for custody of master Tejas. The Petitioner he filed, states that the father has an explicitly rights over the mother the reason behind the said provision de jure constructed for the purpose of development of succession under Inheritance  and inter alia also for testamentary purpose, therefore the Petitioner has every right to the custody of his minor child Tejas. Further he stated that his income is four times more than Dr Suhasini and thus, it would not be out of place to say that the welfare of the minor child shall be better and blossoming in the custody of the petitioner. The said Petition was in fact lockdown due to the procedural hurdle. The summons was issued by the District Court at Kalyan and was ordered to be served through the Baliff. It is an actual slap on the duty of a lawyer to assist the Court when matters are jammed and render immovable for service upon the Respondents. Dr Suhasini cleverly took an uncommon stand to dodge the service. She played various tricks to avoid this service, including intimidating the Baliff and what not.

As per the parents of Dr Sandesh, Tejas is at peril in the custody of the Suhasini. The Divorce decree explicitly, affirms the clause of access to Dr Sandesh. Dr Suhaasini has been ignoring the consent terms for malafide reasons. Dr Sandesh, alleged that Dr Suhasini has no love and affection towards his minor son Tejas. Had it been so she would have not precluded him from meeting his son, in most uncanny manner. Dr Sandesh has been, anxious as to the where about of his only son Tejas in custody of his wife, since 17/03/2012.

Dr Suhasini was, intentionally, obstructing Dr Sandesh and his parental rights over their son and grandson respectively. It was brought in the Petition, that since birth of minor child Tejas, was closely acquainted to Dr Sandesh and his parents qua grandparents. The fact cannot be denied that grandparents suffered many difficulties, being away from their grandchild for so many years, it is necessary to look into the emotional binding between the father and the minor child. The toil and turmoil suffered by the parents of Dr Sandesh, in the bringing up the child from a very tender age cannot, be overlooked.

Further, contention focused was that the guardianship is betters, with the father, not only because of the comparative financial difference, but also because of love and affection they have given to the child. Even after separation from the child their love towards the child remained the same. The only wish of the father is to ensure maximum possible welfare of the minor child and given him the best future. Parents have the natural rights, as well as moral and legal duty to care for the children, see to their upbringing and safeguard their best interest and welfare. This authority and responsibility may not be unduly denied to the parents neither may, be renounced by them. In the interest of better future of the minor son Tejas, Dr Sandesh wants to give him better education facilities for which he is uncompromising to spend whatever money, for betterment of his son’s future.

Incidentally, Dr Sandesh took a weird decision because of the said situation. He filed a Writ Petition of Habeus Corpus. Though, it was an abortive attempt, Lawyer was expecting at least issuance of notice to the Respondent Police to bring the child.  It was contended that Dr Suhasini, shifted Kalyan without a proper concrete plan. Further, it is leant that Dr Suhasini, has lost all the money received in alimony and is in financial constrain. Towards the above factual matrix it will not be in the interest of the child Tejas to continue his custody with her. There is dismay for the child’s future, if he happens to continue residing with her. Since practically the minor son Tejas is in her custody, there is no other better way for the Petitioner to release his child under detention out of snare of Dr Suhasini. Additional it grows the anxiety about the wellbeing life of the minor child, unless the minor child is brought before this Hon’ble Court by invoking Writ Jurisdiction qua Habeas Corpus, no justice can be seen for the Petitioner, it is highly expedient to this Hon’ble Court to grant such Writ against the State for producing the minor child Tejas before the Hon’ble Court. Supplementary, contended that the mother, is purposefully hiding the information regarding his son Tejas that whether the child is with her or not. Hence mental agony and harassment has been caused to the Petitioner and his family, by the illegal act of the Respondent wife. Also not providing any information about their minor son to the petitioner and not even to any other authority; hence it is impossible to trace the information about his minor son Tejas. These were the contentions raised in the Writ Petition.

The Hon’ble High Court eventually, dismissed the Petition by observing that, “Upon appreciating the rival contentions and the fact that minor child Tejas is with the second respondent, who is biological mother of said child and there was settlement between the Petitioners and the second respondent before the Family Court, wherein it was agreed by the petitioner that minor son Tejas will reside with the second respondent, in our considered view, since Tejas is not in illegal custody, the present Writ Petition deserves no consideration”

The Petition failed and got what it deserved. This was already, speculated by the Petitioners Lawyer. The wife Dr Suhasini nevertheless was shaken with the pursuits of Dr Sandesh. By the way, surprising enough, she has started appearing in the Kalyan, District Court. It will not be out of place to state that the high image and heaviness of High Court, made a difference. It may be luck, good strategy or whatever, but the litigation has now turned the right direction.

On the date of hearing, inside the Court room, the wife Dr Suhasini, made several allegations, against Dr Sandesh.. On the other hand, Dr Sandesh had objectively, affixed his eyebrows on the Court door, with an exception to see his only sons. The Kalyan Court has now sent the said matter of mediation.

Let’s hope the Husband and Wife realizes that they are also the “ Father and Mother “ of minor son Tejas.


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