Remember the very emotional and touching video of a father and son crying and hugging each other at a court in Rajasthan last week? The custody of the child was then handed over to his mother, against the wishes of the minor son.
Now, in a very pleasant order, the same has been reversed and the child has been sent back to live with his father.
Lets watch the earlier court video first:
Dear @smritiirani ma'am
As @MinistryWCD Minister, we request you to look into such form of cruelty that several separated Fathers are facing at Courts.@narendramodi sir, can Fathers expect any HELP? Divorce DOES NOT make Fathers Criminal#ParentalAlienation #SharedParenting pic.twitter.com/A5DS8kNuNX
— Voice For Men India (@voiceformenind) June 28, 2022
Background:
Preet Pacharangiya (39), resident of Khaparwas, Jhajjar (Haryana), got married to Suman (28) resident of Berla Surajgarh (Jhunjhunu) in January 2015. The couple was blessed with a son in July 2016, who they named Jatin.
Preet was in the army while Suman was a housewife. Jatin grew up in the presence of his grandfather Sultan Singh, when his mother was living at the village. However, things took a different turn in 2018, when there were matrimonial disputes between Preet and Suman.
Matter Reached Panchayat
The couple’s matter was addressed by local panchayat, where the two agreed to co-habit together again.
In 2019, the couple had a daughter, who they named Jiya. However, things only became worse from hereon and in February 2022, Suman lodged a case of dowry harassment against Preet and his family at Surajgarh police station.
Suman took Jiya along with her and moved back to her parental home, while she left her 6-year-old son Jatin to stay with his father.
Dowry Matter in Court, Wife Files For Son’s Custody
When the dowry matter reached the SDM court, Suman filed a petition for the custody of Jatin.
Last Monday, the SDM Court in Chidwara, Jhunjhunu, handed over the custody of the son to Suman, despite child crying and telling court how he wanted to be with his father. Jatin constantly hugged his father and exclaimed,
Don’t separate me from my father, I want to live with him.
As per instructions from the court, the police separated the father-son, post which Preet lost his consciousness for a while.
Relationship Between Father & Son
Preet’s was posted in the Battalion 18 of the Guard Army in Galwan Valley. However, after matrimonial dispute and dowry case by wife, he took VRS in April 2022 to take care of his son. The child was always close to his father and grandfather.
In his detailed interview with independent journalist Deepika Bhardwaj, father Preet expressed,
I have single handedly taken care of my son. He was here with us while his mother had not bothered to see him since years. Now, suddenly she returned after two years and took my child away.
My son does not even eat food without me. Please don’t separate me from my child. I beg you.
Appeal Filed
Preet’s lawyer Rajesh Dalla then filed for review and appealed to the ADJ court seeking son’s custody.
The matter was heard at the ADJ Court in Jhunjhunu on Saturday, where ADJ Ashutosh Kumawat ruled in favour of the father Preet Singh. Keeping in mind best interest of the child, the court then ordered that the son be handed over to the father with immediate effect.
Intervention By Men’s Rights Activists
In the absence of Men’s Commission or any other neutral forum for family matters, the case was picked up by Men’s Rights Activists on ground, who aided and assisted the father to get justice. Speaking with Voice For Men India, Deepika Bhardwaj expressed,
I learnt of the incident through a Dainik Bhaskar report. My heart cried when I saw the video of Preet Singh being separated from his son Jatin and the cries of both. I immediately searched the lawyer and then contacted Preet Ji. He cried to me when he spoke on phone. I told him I’ll do everything I can to get his child back.
Preet Singh had not spoken to his son since he was taken away because the mother wouldn’t allow. He pleaded that he just wants to see his son. That night, i asked my colleague K D Jha to come along and we left for Jhunjhunu in morning. We met CWC team, Collector Jhunjhunu who was kind to make a call to Supritendent of Police to allow a meeting of father and son. We all then left for Berla village where Preet Ji finally got to meet Jatin.
The boy had clearly been tutored in that short time. When i asked the kid if he told SDM that he wanted to be with his father, the mother came and snatched my phone. Its tough to decide what’s a lie and what’s truth in such cases but actions speak a lot and we could understand Mr Singh was being harassed by the other party using the child.
Rajesh Dalla, lawyer of Preet Singh had appealed the SDM order. I helped them with Supreme Court judgments that have stated such orders illegal and was in touch with them throughout. Finally the ADJ reversed the order and Jatin has been handed over to his father.
It feels like a personal win because I saw the pain in Preet Singh’s eyes. He is a doting father and taking extraordinary care of his son, giving him schooling beyond his means.
I am really happy that the Judge looked at the facts of the case. However, I wonder what should be the right action against the SDM who passed such an illegal order despite probably knowing he had no powers to do so.
Why are Fathers turned into criminals in a divorce matter? Leave your comments, messages and thoughts on the tweet below:
GOOD NEWS | Jhunjhunu Child Custody Case | Court Reverses Order In Favour Of Father Reuniting Him With His 6-Year-Old Son
Father:"I hv single handedly taken care of my son. Suddenly wife returned after 2YRS, took him away"
Thank you ADJ Ashutosh Kumawathttps://t.co/eXAL2UFGH8
— Voice For Men India (@voiceformenind) July 3, 2022
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