Abhinav

Part 49 - Judgement

'The Honourable Court has reached a judgement. It will be a long one since the case was historic in nature', the Judge called out in his clear, no nonsense voice, 'When the appeal came to this Honourable Court, Dr. Abhimanyu Birla possessed the sole custody of Master Abhir, having won it previously. Many facts were brought to light and were considered with all the dedication that humans have to offer. Every attempt was made to not bring any kind of harm to Master Abhir in any way through this Judgement.

Abhir is now 6 years old, almost reaching 7. His entire childhood cannot be affected by lawyers and Courts. Therefore, no appeal can be made challenging this Judgement for a period of atleast 7 years from today. That is to say, this Judgement will remain valid for a period of atleast 7 years from now..'.

Akshara drew in a shaky breath.
Kanha ji, I trust You!

'..Master Abhir was neglected to such an extent at Birla Mansion so as to amount to emotional damage. This blame lies entirely with the sole custodian and biological father, Dr. Abhimanyu Birla.
This conclusion was based on the facts presented by Mrs. Akshara Sharma and Mrs. Shefali Parth Birla. The bullying at home by one of Master Abhir's own cousins, the pressure and control exerted on Abhir by Mrs. Manjari Birla, Abhir's failure to make friends or pass his exams and the avoidable kidnapping are the main proofs of Dr. Birla's negligence. The Honourable Court also cannot overlook Dr. Abhimanyu's treatment of Ms. Ruhi Birla. The records submitted here contained information about Dr. Abhimanyu's Birla's failed engagement with Ms. Aarohi Goenka Birla and the subsequent impact on Ms. Ruhi Birla, another child, cannot be ignored.

While the Honourable Court recognises the societal status of Dr. Abhimanyu Birla and the substantial resources that will be provided to Abhir, thereby almost securing his future, it does not keep material wealth over emotional well being and character development. The future will demand men to be strong, talented, mature not just rich. And a responsible man may very well create wealth for himself. As seen in the case of the Birlas, wealth has an ugly side as well and isn't a substitute for love.
Therefore, from this moment onwards, Dr. Abhimanyu Birla is no longer the sole custodian of Master Abhir. In other words, the sole custody granted to Dr. Birla is hereby invalidated..'

'..Since there must be some custodian to a minor child and the biological father has been proved to be incompetent of taking care of the child, the custody generally passes on to the biological mother. Mrs. Sharma has been found to be fully fit and capable of taking the responsibility of the sole custody of Master Abhir.
However, Mrs. Akshara Sharma has herself appealed for the sole custody to be granted to Mr. Abhinav Sharma - a non biological parent - while both the biological parents are alive. This makes the appeal most unusual and also quite complex. Never has such an appeal been heard of and so the methods to evaluate the fitness of Mr. Abhinav Sharma have also been different and not the ordinary pattern followed in such procedures.

First the question arises whether Mr. Abhinav Sharma can be actually considered for the sole custody of a child who isn't his blood relative. Again, nobody knows whether he is really a Sharma or not. Would it be right to hand over the entire responsibility of a child without knowing even the true surname of the custodian?

The answer is..yes. The Honourable Court will not discriminate on the basis of blood or lineage. The safety of Master Abhir is of utmost importance followed by an environment which encourages healthy growth.
Mr. Abhinav Sharma has been proven to protect Master Abhir from all sorts of danger - be it internal, i.e. health issues or external, i.e kidnappers.
Mr. Abhinav Sharma has been found to be financially middle class with a good potential to be rich if he keeps up his drive and commitment. Considering Mr. Abhinav's present financial condition, Master Abhir lacks for nothing substantial and Mr. Abhinav is found to be financially fit, i.e., the Honourable Court finds no obstructions on the path of Master Abhir's growth.

The Honourable Court, with regards to the procedures adopted in this appeal, finds Mr. Abhinav Sharma to be a loving and responsible parent. After studying the health reports of Mr. Abhinav extensively, the independent Doctors appointed by the Honourable Court have unanimously concluded that the visual hallucinations were triggered by extreme stress, are unusual in nature and have not affected Mr. Abhinav in any material way. Which is to say that Mr. Abhinav Sharma is fully capable of taking on the responsibility of the sole custody of Master Abhir..'.

Akshara felt her heart beating faster.
Yes, yes..
Abhinav's mind turned blank, his entire being focused only on the words of the Judge.

'..So, Mr. Abhinav Sharma can provide a loving, healthy environment for Master Abhir to grow up in, is mentally, financially fit and fully capable of being given the sole custody of Master Abhir.
So, the last question that arises is, as mentioned before, inspite of there being no history of the sole custody of a child being handed over to a nonbiologicial parent with both the biological parents being alive, will Mr. Abhinav Sharma be awarded the sole custody of Master Abhir?..'

There was pin drop silence in the Courtroom.
'..History is rigid when it comes to the past but fluid in the present, capable of being created and destroyed.
So, the answer is yes.
The verdict of the appeal is: The sole custody of Master Abhir is hereby awarded to Mr. Abhinav Sharma.

The Birth Certificate is to be changed again with the name of Mr. Abhinav Sharma as the father of Master Abhir Abhinav Sharma and a special note of the biological father being Mr. Abhimanyu Birla to be added in case of any medical emergencies. The Honourable Court directs that Dr. Abhimanyu Birla can never refuse to aid Master Abhir Abhinav Sharma in case of any medical assistance in which the biological father is required. Whether Dr. Abhimanyu Birla wants to share any wealth with Master Abhir or not, will be his decision. Master Abhir Abhinav Sharma no longer has any natural right on the Birla legacy.

Master Abhir Abhinav Sharma is to be brought to this Court by the former sole custodian, Dr. Abhimanyu Birla, tomorrow at 11:00 a.m., where in the presence of the Police, he will be handed over to his father, Mr. Abhinav Sharma. The appeal is hereby completed and over'.

The Judge looked up from his notes and saw that the entire Courtroom was in a state of shock. Only Mr. Srivastav was packing his briefcase, the rest seemed to have turned into statues. The Judge chuckled internally. Humans could never adapt to History easily. He walked out, his mind at ease.

Mr. Srivastav approached the Judge as he made to leave the Court building.
'Your Honour'.
'Mr. Srivastav! Working hours are over, so no formalities please. I am sorry for the defeat'.
Mr. Srivastav waved it away dismissively.
'It had to happen, Your H..Mr. Agarwal. The Birlas are cuckoo!'.
Mr. Agarwal laughed.
'Be careful, Srivastav! Officially, the case gets over with the hand over of Master Abhir to Abhinav. They are still technically your clients'.
'Yes, Agarwal sahab. Tomorrow, I will give myself a treat after getting rid of the Birlas for good. If we are speaking informally, you didn't need to have the Birth Certificate changed, did you? It wasn't really required'.

Mr. Agarwal replied, a slight gleam in his eyes,
'A Judge should have certain special powers, what say, Srivastav?'.
Mr. Srivastav laughed, 'Of course, Your Honour. So many cases, Judge sahab, and yet a very unique one still manages to make its way. A non biological father winning custody over the biological father! Who would have thought! Only Abhinav Sharma could have made this possible'.
Mr. Agarwal said,' I see we are on the same page. Well, historic cases do leave a toll on the body and I am famished right now. How about we go for some snacking? A little networking with the Judge can't go waste, can it?'.
Mr. Srivastav nodded, relieved a little. Maybe, there was still some hope for his career.

As they were leaving, Mr. Agarwal and Mr. Srivastav heard a sudden explosion of noise behind them and smiled. It seemed that the people in the Courtroom had finally come to terms with the Judgement.