EXTRAMARITAL AFFAIR

#55 And the hearing begins...

Welcome back sidneetians!!
Chapter:55
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*Author's POV*

(A/N: Further will be court hearing for Sam's legal guardianship or custody, I have no idea how an actual proceeding looks like and I will be writing according to what I have seen in movies; So, pardon me...)

Any court of law grants custody to that party who can assure the court that the welfare of the child best lies with them. No legal right, preferential right or any other right holds more importance than the well-being of the child.

Today, at the family court plaintiff Riyaz Aly and defendant Avneet Kaur have come to demand for their son- Sam Aly's custody...

Vaishnavi Rao being Avneet Kaur's attorney and Manesh Singh being Riyaz Aly's...

Judge: Good morning, this court is assigned to give custody of the minor son of the plaintiff Mr. Riyaz Aly and the defendant Miss Avneet Kaur... This is a show cause hearing requested by the plaintiff, Mr. Riyaz Aly... The proceeding may begin...

Manesh: My client and Miss Avneet have got divorced three months ago and are living separately for about 7 months now... The child, who is 5 and half years old is currently living with his mother, against my client's wish... Miss Avneet didn't only take the child with her but also refuses to let him to meet Mr. Riyaz...

Vaishnavi: Objection, your honor...

Judge: Accepted...

Vaishnavi: My client was okay with Mr, Riyaz meeting their son until he took him from the school bus, without informing her... While, she continued getting worried about her son, he didn't even have the audacity to call Miss Avneet and inform her about the same...

Riyaz: Why would I-

Judge: Mr. Riyaz, you will be given the chance to speak... As if there is no official statement on who is the legal guardian of minor, his father can see me anytime, he wants too... But I have noted that the non-informing part reflected his irresponsible behavior... Now, I would like to hear from the plaintiff, that why he thinks or why he should be given the legal custody of his son...
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And with that Riyaz stood up and went to the witness stand...
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Riyaz: Your honor, I am the manager of my company and there is no doubt that I earn well... I have given my son every facility he wants... He studies in one of the best schools in Mumbai, he has given every toy, every study material, he wished for... Also, I have two fixed deposits made for his higher studies and marriage... What I mean to say from the statements above is that I am financial stable and I can provide a much better life to my son than his mother can...

Judge: Does the defendant have to say anything about it...

Vaishnavi: Yes, your honor... Mr. Aly has mentioned how he thinks that he is financially stable and it means that he is implying how my client Miss Avneet isn't...
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She then when to her desk and took a file, which she gave to the judge...
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Vaishnavi: Here are the record of Miss Avneet's bank receipts and payments, along with the details of the account she has opened for her children... As we know that she and Mr. Aly have been separated for only 7 months and within just this little time Miss Avneet has become quite financially stable... Of course, not as much as Mr. Aly but she is capable of giving her son all the basic necessities...
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And the judge looked at the file before noting something down in her notes...
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Judge: The defendant attorney can cross-question the plaintiff...

Vaishnavi: So, Mr. Riyaz Aly how is your relationship with your son...

Riyaz: Like every father and son, we have a relation of love and care... Yes, sometimes we have a clash of thoughts but at the end I love him more than anyone else in my life...

Vaishnavi: And does your son loves you back?

Manesh: Objection, your honor...

Vaishnavi: Let me rephrase it, how does your son react to you?

Riyaz: What do you mean by how does he reacts to me... I am his father; he loves me of course...

Vaishnavi: But that is not what I have heard... Your honor, his son is scared of him; Sam started crying whenever he is near... I know that the child is young enough to choose whom he wants to live with; but a child definitely does not want to live with someone he is scared of... That is, it, I no further questions to ask from him...

Riyaz: What? No... This I-

Judge: Order, Order...
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And Riyaz was asked to walk back to the defendant's table...
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Manesh: Your honor, Mr. Riyaz and Miss Avneet had divorce on the basis of adultery committed by my client, as you already know... I would like to call Mrs. Anushka Aly, Riyaz Aly's wife on the witness stand...
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And she gave him the permission, and Anushka was called on the witness stand...
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Manesh: So, Mrs. Anushka, for how long have you known Riyaz Aly for?

Anu: For 6 years... Approximately 6 years...

Manesh: Which means you have seen him with his son?

Anu: Yes...

Manesh: What do you think is his intentions for him...

Anu: Riyaz, have always been truly kind and caring towards him... For Riyaz, his son is everything and even for our wedding, the only condition was that I would accept Sam as my own son and love him as a mother...

Manesh: And do you agree to do the same, even if he got the custody...

Anu: Absolutely... I have met Sam a couple of times and he is a genuinely nice boy and he even likes me... If, we get his custody, I will love him and take care of him as my own son... Not that I would want to be his mother, his mother will always be Avneet... Neither me nor Riyaz wants to keep them away... She can meet him and he can even stay at her place for weekends but I think the kind of life, we can provide him; she can't...

Manesh: Thank You, your honor you can see how my clients have showed the intention of not taking away the child completely from his mother shows that all they want is the child's welfare; which clearly is in their hands...
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And the judge noted, while writing down the same...
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Judge: The defendant attorney may cross examine the witness...

Vaishnavi: Thank you, your honor... This is your second marriage, am I right?

Anu: Yes...

Vaishnavi: And you have a child from your last marriage?

Manesh: How is this a relevant question?

Vaishnavi: Give me few seconds to make this relevant, your honor... So, Anushka am I right again?

Anu: Yes... I have a daughter...

Vaishnavi: What is her living status?

Anu: He stays with my ex-husband...

Vaishnavi: And you didn't ask for her custody?

Anu: No, because-

Vaishnavi: (interrupts) You didn't, right?

Anu: Right...

Vaishnavi: You didn't ask for your own daughter's custody; you didn't love her enough to fight for her custody, then how can you love someone else's child enough... You couldn't be a good mother to your own daughter, how can you be a good mother to someone else child... That's it no further questions...
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EOC

How was the chapter??

I tried my best, to keep it like a formal court proceeding, being a law aspirant, i hate writing it without having the proper knowledge; but had to do it otherwise...

Chalo kafhi lamba ho gya, abb byee

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