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Child Custody and Access Rights

Case File : Melissa
 

While all cases of access are emotionally taxing, the case of Melissa has been particularly so. This was a complex case involving issues of both legal and moral ethics in child custody. The woman was subjected to taunts and humiliation after she gave birth to a daughter. So she tried to commit suicide along with her two-year-old daughter. Though she was rescued at the last moment, the child succumbed. A case of murder was registered against her and a criminal case for cruelty was registered against the father-in-law. At this stage, the in-laws agreed for reconciliation and the criminal case against the in-laws was withdrawn. The cohabitation led to the birth of a second daughter. When the child was around six years, the husband became violent again and after a fight, took away the daughter and returned to his parents’ home. Thereafter, the woman was denied all access to the daughter. By the time she approached us and we moved the court, two crucial months had elapsed. The six year old was duly tutored into believing that her mother is a murderer and her life was is in danger if she returns to her mother.

The woman withstood the humiliation from the husband, his family members and lawyers as they announced to all and sundry in the court premises that the woman is a murderer. The case needed a lot of strategizing and counselling but ended in a positive note of her gaining the custody of the child, which was a moment of great elation and a definite legal victory. The judgment in this case remains one of our major breakthroughs in child custody matters.

Later through yet another case, we secured her right of residence in the matrimonial home. Later, through efficient legal strategies and through the intervention of a sensitive judge, she was acquitted of the charge of murder. Today she and her child live in peace and tranquility and lead a secure life.
 


 

 

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