Originally posted by: sadiltl
We cant deny Virat's claim on the child. On humanitarian grounds, Virat has more claim in the eyes of judge. He adopted him and raised him like his own child. He is biological father too. Sai not coming back after the accident will be a blot on her case...but not so much.
However, if Sai brings the reasons why Pakhi is not safe for Vinu, then the custody battle will surround around Sai and Virat ONLY. Though she is an adoptive mother on paper, Vinu was raised by his own dad all along. The original mother was wronged by Pakhi. So her intentions (Niyat) was not right. Sai can put a doubt in Judge's mind, that how to believe in her Niyat even now? She was after her husband then and now too. And being mentally unstable she is not worthy of raising her child. I wish they bring these arguments. LATER atleast.
Only way Pakhi becomes a legit parent in Law's eyes is when she shows that her Niyat was and is always right. She should contest for Vinu's custody by divorcing Virat. She will get Vinu's custody and Judge will know her intentions. :D On humanitarian grounds, Pakhi will win the joint custody.
Otherwise, if Sai shows her Niyat was not right from the time of surrogacy, combined with her mental illness, Pakhi will lose squarely. And because Pakhi HAS to live with Virat as wife, Judge might give full custody to Sai with visitation rights to Virat. :D How I wish this happens.
But, Sai promised that she will not let Vinu come to the court. I think once she starts living in CN and gets pissed off enough, and bonds with Vinu, she has to revisit the court with all these allegations. Get her son legally and fully. 👍🏼
@bold: We can't deny his claims...but we can render them useless. The only way to understand how ghum is going to proceed is to completely overlook any real-life legal issues because they won't show them at all.
In real life, it doesn't matter how many times Virat adopts Vinu, he will not get his custody, because he has a criminal history. The same goes for Pakhi.
But here, they are clearly not going to bring any crimes at all, so, the issue isn't who will get what, the only thing left to discuss is how Sai will enter the Chavan Niwas.
Also, Pakhi won't lose by Niyat, she will lose straight up of her illegal actions. If there is one thing that gives away a child's custody, it's crime. This is highlighted when you think about the custody battle between a divorced couple. Majority of the time, regardless of how great the father is, and how lowly the mother is, a child's custody goes to the mother. But if the mother has a criminal record, they will lose.
It, of course, also depends on the crime committed.
And that only shifts the case on Sai's side. Pakhi and Virat committed a crime that clearly put Vinu's life at risk. Moreover, during that time, and even now, Pakhi showcased mental instability and again put Vinu's life at risk. And Virat, every time, sided with pakhi. This not only shows a criminal record, but again highlights one of the focal points in custodial battle, and that is the safety of the child.
It can be easily proven that not Virat but Pakhi is unsafe for Vinu...BUT it can also be easily proven that Virat, on several occasions, has chosen to take Pakhi's side regardless of the fact that she was a threat to his ex-wife and child. Thus, it can be said that even if Vinu was in danger, Virat might not be able to save him coz he would prioritize Patralekha.
See? this was why I posted yesterday, that there was no way in hell that Pakhi will win this case if they go with reality. But since they are clearly not...legal terms and behaviors are totally useless here.🥱
#JustEndThisTorture