Father's rights

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SPuja

@SPuja

Rocker

Posted: 11 years ago

Some tracks of BV made me think about right of fathers over their children. Do mothers have more right over a child?

First was Basant's true identity track. His mother unilaterally decided that if she is not going to live - let the child be raised by her devrani and the father should not even know about existence of his child and even the child should not know his real parents. Basant came to know about his parents when he was perhaps more than forty years old. He grew up father-less even though his father was alive.

Next Shiv's identity track. Very similar to Basant's track - only here the mother was alive and gave up her child without knowledge of her husband. Shiv was about 30 years old when he came to know about his real parents. Strangely, Anup never questioned his wife about the baby swap - did he not had a right to know about his first born? Even if he would not have any objection in giving away his child for the happiness of his own brother and bhabhi, was not it his right to know what happened?

Next is hypothetical situation - if Gauri had not aborted and is living with her child - is it not violation of Jagya's right as father? Jagya does not even know about his first-born child, even if Gauri has the means to raise the child all alone- it is father's right to at least know about his son/daughter [Creatives had not divulged any information about Gauri - but making her pregnant at that time means - they have left a lot of options open].

Again comes the current track. Rat is evil - but he and his family loved Mannu (even if it was because he is the male heir - it is the norm in that society - even Jagya was ladesar because of being male heir - Sugna never got that much love from DS). He was tricked into giving away Mannu in adoption (he did not know that remarriage can open custody battle and that giving alimony after remarriage does not arise). Till adoption track, it did not look very bad because nobody could have sympathy with a person like Rat. But in current track - he is required to give his bone marrow - to save the child and is still expected to not claim his child. Is it not injustice to the father? I think, if he asks only Mannu's custody - I will not find any fault in it - if he asks for Ganga or any other evil thing - then it is another matter.

I want to know what other members think - whether as a father, Rat has a right over Mannu or whether Jagya-Ganga-Singhs are right to expect him to save the life of child (on philanthropic basis) and not to claim any right over the child? Considering Mannu is the only waris of his family while Singh family already have their own waris - is it justified if Rat or his parents to want Mannu back? Whether criminals have no right over their own children?

And whether fathers and mothers have equal right over their children- or mothers have more right?

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Sunna_Deewani

@Sunna_Deewani

Stunner

+ 2

Posted: 11 years ago

I think Ratan does have the right to ask Mannu back, if he has no other malicious intent. But i guess court may reject his plea based on his criminal acts (as mannu being a minor, Ratan could be considered a bad influence perhaps😕 because if mother is proved of bad conduct, even she is not given the custody of the child). And also he has another girl child from his other wife, so mannu is not the sole waaris as per law.

Even suguna's child from her previous marriage had similar issue. Infact i think that family just wanted their waaris with no other bad intention. But since the 1st hubby was dead, i don't feel suguna should be deprived of her child just because she remarried. I guess its too complicated😕.

Edited by Sunna_Deewani - 11 years ago

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SPuja

@SPuja

Rocker

Posted: 11 years ago

I don't think court will reject the custody just because of criminal record - and in Indian context - girls are not considered as waris. Sugna's case was somewhat different because her husband was dead and her in-laws (Pratap's parents) refused to acknowledge that she is carrying Pratap's child. They came to claim the child only during his namkaran - that is why their case became weak.

My question is hypothetical only - we do not know what Rat will do. But what if he shows true love for the child and want his child back? What is justified in such situation?

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Awfulggt

@Awfulggt

Voyager

Posted: 11 years ago

The thing is ratan won't stop with asking just mannu. He'll want ganga, and more and more. Even if he wants just mannu, he will be shown as the meanest guy trying to make use of a great wonderful step dad. This way no one ever , (including you) 😆 will want mannu to go to ratan. All my pities to the Mom and step dad of mannu who are going to sacrifice big things to see him alive.

On a serious note, if J hadn't expressed(in rat's presence) so much love for mannu , rat would have agreed readily to give his bone marrow, in order to save mannu. This he'd have done because mannu is his only heir...if not for his love on mannu.

Edited by The_Alchemist. - 11 years ago

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Missesha

@Missesha

Dazzler

+ 2

Posted: 11 years ago

J has already adopted Mannu with Ratan's consent, so legally does Ratan have any rights over Mannu?

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SPuja

@SPuja

Rocker

Posted: 11 years ago

What can Jagya and Ganga sacrifice? Rat is also well off - so money cannot be in equation (if creatives go logically). There is nothing I think of that Jagya/Ganga can give to Rat - not even his freedom - it will be making a mockery of judicial system - the punishment to the accused is decided as per law and the complainant cannot 'forgive' the accused since he is already in jail.

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SPuja

@SPuja

Rocker

Posted: 11 years ago

Originally posted by: Missesha
J has already adopted Mannu with Ratan's consent, so legally does Ratan have any rights over Mannu?

I want to know what is justified? Ratan was tricked into giving his consent at that time. At present he has no legal right over Mannu - what if he want to regain custody citing the fact that he was tricked into signing the adoption papers? Will he be wrong if he does it for love of his child (and nothing else)?

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tellygeek

@tellygeek

Voyager

Posted: 11 years ago

Originally posted by: SPuja
I don't think court will reject the custody just because of criminal record - and in Indian context - girls are not considered as waris. Sugna's case was somewhat different because her husband was dead and her in-laws (Pratap's parents) refused to acknowledge that she is carrying Pratap's child. They came to claim the child only during his namkaran - that is why their case became weak.
My question is hypothetical only - we do not know what Rat will do. But what if he shows true love for the child and want his child back? What is justified in such situation?

Courts can easily reject the custody because of criminal record, especially in Ratan Singh's case as he tried to kill Ganga and Jagya's entire family, and also he is serving jail term.
Even if he shows true love for the child and want the child back, still it is not justified as at this age the child needs the mother more and also has a caring father figure in his life. At the max. he could be given visiting rights, but that too should happen only once he is out of jail.

Edited by tellygeek - 11 years ago

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Missesha

@Missesha

Dazzler

+ 2

Posted: 11 years ago

Originally posted by: SPuja

I want to know what is justified? Ratan was tricked into giving his consent at that time. At present he has no legal right over Mannu - what if he want to regain custody citing the fact that he was tricked into signing the adoption papers? Will he be wrong if he does it for love of his child (and nothing else)?

As far as love for one's child is concerned, any father has as equal rights as mother. I mean a mother cannot claim that she loves or has more rights over her child than the father, even though the father is a criminal. So emotionally even in past, now and future, Rat always had / has rights over Mannu. But I doubt if Ratan can ever claim his child back from law.

Besides, Ratan Singh was not tricked into signing adoption papers. He had to choose between alimony or his son and he chose not to give alimony. He was in jail and his case was quite weak so I doubt if Ratan would have got any custody at that point. So he cannot cite that point to gain rights over Mannu now.

The only other possibility is that if Ratan agree for BM T and if JaGan sympathise with him, by allowing him to meet Mannu occasionally as a mutual agreement than that could work.

Edited by Missesha - 11 years ago

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SPuja

@SPuja

Rocker

Posted: 11 years ago

#10

Originally posted by: Missesha

Besides, Ratan Singh was not tricked into signing adoption papers. He had to choose between alimony or his son and he chose not to give alimony. He was in jail and his case was quite weak so I doubt if Ratan would have got any custody at that point. So he cannot cite that point to gain rights over Mannu now.

The only other possibility is that if Ratan agree for BM T and if JaGan sympathise with him, by allowing him to meet Mannu occasionally as a mutual agreement than that could work.

@bold - that is where he was tricked - there was no question of alimony because of remarriage of Ganga. @blue - I agree, he could not have got custody at that time - but he could refuse to sign the adoption papers - meaning Mannu remain his son legally. Now if he can prove that he was tricked into signing of papers - court can reconsider the adoption issue. I think only 'sacrifice' Jagya and Ganga can do to give him Mannu's custody back.

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