Originally posted by: focus7
They shows something in precap. Even I didn’t see properly. Do they restrict weekend visitation right, for paternity fraud stuff? Doesn’t make sense.
can any practising lawyer? Throw some light on the real life laws. I know iTV extrapolates stuff for drama but
I practice law in California and anything that’s happening doesn’t happen in real life and I’m sure it doesn’t happen in India either.
1. Abhimanyu could’ve filed a complaint against Akshara for falsifying the name of the step father on the birth certificate and biological father was not consulted. Akshara in her defense could have said she contacted him multiple times (showing proof of calls from phone carrier) trying to tell him about the child but he didn’t want anything to do with her or the child. This would be a 50/50 case but this would not have any impact on the custody as this would be against Akshara.
2. During custody, court wants both parents to be in the child’s lives. However, mother always has the upper hand especially when the child is a minor. In Abhir’s case, it would have went two ways. Joint custody where both the parents would get equal amount of time or since the child resides in Kasauli, that might have been difficult on the child and kids are always priority so they might have visitation rights for Abhimanyu and normally in this situation, I’ve seen cases where kids stay with the other parent during their school holidays. Courts don’t want kids to move out from where they’re being brought up and it’s very rare so Abhir wouldn’t have to move out of Kasauli. Akshara would have only lost full custody if her house was unsafe for Abhir. For example, drugs or abuse from step father. In case of financial stability, Abhimanyu would have been asked to pay child support for Abhir not given full custody to him lol.
3. There is no such law as Abhir meeting Akshara if Abhimanyu permits lol that was made in ye rishta. And the precap makes it worse. Akshara losing all rights to see Abhir? Which court of law takes a sane mother away from her child?
4. CPS (child protective services) would have been called to the Birla house for whatever is going on there. Again, kids are always priority. I’ve seen kids taken away where parents would fight in their presence. In a case I worked on during my internship, children were taken away because the father raised his hand on the mother (he did not hit her) neighbors heard the yelling and when cops came the kids told them that their father was about to hit their mom and they took the kids. Over here Parth is raising his hand on the child himself. He’d be taken to jail for this if not for DV as Birlas didn’t report that.
So trust me whatever happened here never happens in real life. Other Attorneys on here would be laughing at this just like I was lol.
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