Originally posted by: suk19
i was researching this after this discussion came up a good few weeks back it was on a forum lawyers talking to individuals and this is was what was said, they also said that some fathers do get the children or refuse to pay for maintenance leaving the mother struggling. its a two way streak parents are often their own enemy. This is why i quoted about hindu n muslim law
I know that people often go by religious laws, but in a secular country it doesn't matter what religion someone belongs to. There is one law system to govern the country, and I know India is becoming more progressive in its laws. There used to be way more single mothers than single fathers, but nowadays there are many single fathers too because men are starting to get custody of kids. Trust me, this is not at all rare.
In 90% cases where both parents have a clean reputation, they will get equal custody of the children. No emotional or religious arguments are condoned in court. They care about law only, so in most cases both parents have equal right over the child. Like I mentioned before, either mother or father gets full custody only when the other parent is proven to be incapable of raising the child, either because they are abusive to the child or they are mentally/physically disabled. But these are exceptions which are not often found.
We can look at Yeh Hai Mohabbatein for this example. Raman lost custody of his son, Aditya, because his ex-wife gave false evidence to prove that he was abusive towards him, but he still got custody of his daughter Ruhi. The court did not automatically give Ruhi to Shagun just because she was Ruhi's mother. A mother is important no doubt, but a father is equally important.
So we cannot say Gopi alone deserves Vidya. Ahem may have failed as a husband, but he is still a great father as we've seen him taking care of Vidya after she came to the Modi Bhavan. It's unfair to Vidya for her to be deprived of both parents, so I will continue to say this that Gopi did a terrible mistake by separating Vidya from Ahem for 8 years. Had I been in Ahem's position, I would not have forgiven Gopi for a long time. That resentment is completely realistic and expected. Gopi overcame Meera's death only because she had Vidya. She had the joy of raising another child who healed the pain her heart, whereas Ahem, although he had the whole family, could not get over Meera's death because his life was empty without the joy of a child.
Edited by ..RamKiJanaki.. - 11 years ago
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