|
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criminal case against the in-laws was withdrawn.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.
|