hey all...i've really been thinking what will happen if Dev files a case for soha's sole custody and what the outcome would be as per law. AS PER LAW and not television logic. i don't have a legal background as such but have studied commercial law for 2 years and some aspects are applicable to non commercial transactions as well so my argument will be based on that and a few other law i'm sure the indian constitution provides for. so do read this if you're interested :) [hint: sona has a higher chance of winning :D]Firstly, i used to think that the prenup would be void bcz it was signed due to misrepresentation of facts (if you're a commerce grad like me, you would have studied contract act and would know what exactly am i talking about) but then since Dev had fair means and complete access to check what the papers were all about and he did NOT use those means, he is at fault. Hence the prenup holds true, sona is wholly responsible for the child, and hence would get soha's custody.
Now if we forget the prenup (just like the CVs will), Sona can still win by fair means. Indian law, surprisingly has several provisions for children rights and protection. So if she manages to to prove that soha is extremely attached to the boses, is happy living with them and does not lack basic necessities (which btw are all facts hence true) then the court cannot separate soha from sona and her parents, although, the court will grant dev visitation rights.
But we all know how snarky Dev will get and hence, there is a third and a little crooked method too, which can be the last resort. And this will actually affect the Dixit household's name (considering that this case will get adequate media coverage). Its actually quite simple- prove that the house and its members are unfit for raising a child. Prove that they mentally disturbed sonakshi, which is why she hid her daughter from them. Now this sounds like a challenge but we have adequate proof (and a lot of appetite for vengeance lol):
- Sona can testify against ishwari's "suicide attempt", emotional blackmail, etc
- talk about how the entire house blamed her when dev was unwell and how when bcz of her idea, he got adequate first aid to live, the family even more hostile towards her
- how she was always an outsider, a toy for the family. Only when ishwari thought she was pregnant she started treating her well, that too only for the child. hence she was considered as the carrier of the baby and not a human.
- ishwari's emotional blackmail when she found out that its difficult for sona to be a mother, not to mention her bizzare and creepy interference in their sex lives after that.
- RANVEER. If he agrees to help, they can prove that not only dev and ishwari, but also neha was always concerned about her own happiness and show that every member has caused some sort of trouble in other people's lives
- If elena gathers the courage and speaks up for sonakshi and talks about how her mother in law secretly switched her pills without her consent, it will further strengthen the case against dixits.
and so, it can be proved that living with these a*****es is not good for a 6 years olds mental health. thus our Sona wins đ
Again, this post is from a wholly realistic perspective and i doubt the they'll even show a legal battle. but if they want to do it, i hope they choose the logical way out đ