The battle was being fought by Manali and Piyush for the temporary custody of their 11-year old son Abhay. Justice SR Brahmbhatt finally gave the custody to the woman.
Heated arguments and accusations flew as a warring couple tried to gain custody of their only child during a hearing in the Gujarat high court. The battle was being fought by Manali and Piyush for the temporary custody of their 11-year old son Abhay. Justice SR Brahmbhatt finally gave the custody to the woman.
Amid tears, the woman took custody of the child on Friday even as the father stood with a sombre expression on his face and watched his son go.
Manali, a professor in a local college, had filed a petition before the local court to get custody of Abhay. The court had made mid term arrangement for the wife to have custody of Abhay from May 15 to May 25 and June 2 to June 13 this year.
When Manali came to get the child for the period beginning from June 2, Piyush refused to let Abhay go despite the court order.
Piyush, an engineer, then moved an application before the Gujarat high court stating that the child was reluctant to accompany Manali and hence should not be allowed to stay with her.
However Manali contested the allegations and produced photographs of Abhay taking a vacation with her in Goa during Diwali. Manali had at that time got custody of Abhay following an order of the local court. Manali and her counsel further contented that in the photographs the boy seemed comfortable in her company and was enjoying himself.
They argued that it was the adamant stance of Piyush that was creating problems. Manali further said that the child was reluctant to go with her because the father refused to leave the premises after handing him over.
Piyush, meanwhile, claimed before the high court that the child was not happy with her and also pointed out that he got hurt while he was under her care. However, justice Brahmbhatt did not consider the father's plea and gave nod to the trial court order that allowed Manali custody of the child from June 2 onwards. Manali and Piyush separated in 2007 after the former left her husband's house following a dispute. However, Manali has not filed for a divorce or alimony. She has only asked for the custody of the child.
(Names have been changed to protect identity)
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