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Chapter:56
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*Author's POV*
The biggest advantage Avneet has is her lawyer- Vaishnavi; someone who is known to be a powerful family court lawyer while Mr. Manesh is more expert with contractual based cases (cases in which a party has breached (broken kind of) some contract) as he is a lawyer of Riyaz's company... Which is also her biggest disadvantage, Vaishnavi understands the limit, she understands that it's not okay to poke the sensitive topics, she understands that people here are not criminals or have not done something punishable... Whereas, Manesh only cares about winning, he is not bad he is taught that way; that is why he can be insensitive and he can go to certain limits to win...
Judge: I would like to hear from the defendant, that why she thinks or why she should be given the legal custody of her son...
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And with that she walked to the witness box...
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Avni: I-I don't have any provable reason of why I should get my son's custody... All I can say is I love him; I love him more than my life and I will do everything to give him a good life, I will do anything to keep him safe and happy... I started working to feed him and today I am working for giving him a better future... This shows how much I have grown, and you only grow when you try... I am trying and I will keep on trying to give my child, to give my children a future that they deserve... Yes, I might not have a companion, a partner to help me take after my son, if I get his custody then he might not have a father; but I can be his father... I am a very good mother and no one can prove otherwise; so, please don't take my child away from me...
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And the judge nodded, before noting it down...
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Judge: Does the plaintiff have to say anything about it?
Manesh: Yes, your honor... as Miss Avneet spoke, I could feel how hard she is working for giving her son a good life... I could imagine how difficult it would be and how many problems she might have faced and it is obvious that she will continue to face more problems, even if we all wish otherwise... But, your honor, with my client there is not problems, there is a sense of security... For the facilities to give, she has to work super hard but with my client it comes in ease... And that is why failing is not an option, while for Miss Avneet it is.... The love and capability she talks about is useless if it doesn't come with security... Especially, considering the fact that she is going to have another child; will she be enough then? Will she be able to give two children a good future...?
Judge: The plaintiff attorney can cross-question the defendant...
Manesh: Miss Avneet, can the court know what is your profession?
Avni: Yes, I am a singer and I sing with a band...
Manesh: And you do concerts or live singing?
Avni: Yes...
Manesh: And where does these concerts take place?
Avni: Different cities of different states; there is no fix place...
Manesh: So, how do you manage your pregnancy, your son; do you take him along with you everywhere, like that must exhausting for a child...
Avni: No, no I don't take him with me...
Manesh: You leave your son all by himself?
Avni: No, I- he stays with the family of a friend of mine...
Manesh: You leave your son with someone else, what kind of mother you are...
Vaishnavi: Objection, your honor; he can't say that about my client...
Manesh: I am so sorry, your honor but look at the irony; we talk about my client being irresponsible, she talks about how good mother she is but she leaves her son under the supervision of a third person; person not even being her family... According to my research her concerts are not of less than 1 week, am I right?
Avni: Yes, but-
Manesh: Your honor, don't you think that the custody of the child should be given to a parent who is at least there for him every day... We cannot accept that a child remains away from his parents for a week or more... If that is the case, then what is the difference between her getting the custody and her not getting the custody...
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And the judge noted the point...
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Manesh: Moving to my next question or may I say pointing light on a suggestion that may close this case... Mrs. Vaishnavi, you may agree with me here; your honor, soon Miss Avneet and Mr. Riyaz are going to have their second child, whose delivery I have informed is in two months... Am I right?
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He asked from Avneet...
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Avni: Yes...
Manesh: Now, wouldn't it be fair for both the parents to have one child each... She can have her second child and give first one to my client...
Avni: No...
Manesh: It all comes down to settlement mam... It wouldn't be fair for my client to be left with no child and for you to have both of them... Don't be selfish...
Vaishnavi: Objection, your honor...
Judge: Denied...
Avni: Yes, I am being selfish, but you are being reasonable; having a second child doesn't make the first one less important...
Manesh: It's not about being less important, it's about being fair... Your honor, I believe that you are with me on this... None of the parent is perfect and none of them deserve to be left with no child... This case was valid if they had only one child, but now when they have two, I think they both should be given the custody of a one-one child... Also, my client is willing to give half of his property to second child, along with scholarship to cover its studies...
Avni: I don't want money; I want both my children...
Judge: Order, order...
Manesh: Thank You, Miss Avneet... You can go and sit now...
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But she just couldn't go away after hearing all this...
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Avni: Okay, he can have our second child...
Vaishnavi (months to her): What?
Avni (mouths): I got this... (normally) he can have our unborn baby, just give me Sam...
Manesh: I am sorry Miss Avneet, but that cannot happen... According to Hindu as well Muslim marriage act, a child below the age of 5 cannot be given to his or her father... Now, please...
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And she walked down to the table...
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Judge: Who won the case is not yet decided but I would like to discuss about the proposal the plaintiff have given... Giving one child to each will be in interest of both the parties, also, it will be best for the children's welfare... Does the defendant agree to this?
Vaishnavi: No...
Judge: Do you have something in your support?
Vaishnavi: No, I would like to ask for another date...
Judge: We will have next hearing in a week that is 26th of January... Court is adjourned....
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And he noted the date, before he hit the gavel (hammer)...
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EOC
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